[Federal Register Volume 59, Number 45 (Tuesday, March 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5226]


[[Page Unknown]]

[Federal Register: March 8, 1994]


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U.S. ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI14-02-6138; FRL]-4841-8]

 

Approval and Promulgation of an Emission Statement Program; 
Michigan

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: The USEPA is approving the State Implementation Plan (SIP) 
revision request submitted by the State of Michigan on November 16, 
1992, supplemented October 25, 1993, and February 7, 1994, for the 
purpose of implementing an emission statement program for stationary 
sources within the Detroit, Grand Rapids, and Muskegon ozone 
nonattainment areas. The implementation plan was submitted by the State 
to satisfy the Clean Air Act (Act) requirements for an emission 
statement program as part of the SIP for Michigan.
DATES: This action will be effective May 3, 1994 unless notice is 
received by April 7, 1994 that someone wishes to submit adverse 
comments. If the effective date is delayed, timely notice will be 
published in the Federal Register.

ADDRESSES: Comments on this rulemaking should be addressed to: Carlton 
Nash, Chief, Regulation Development Section, Air Toxics and Radiation 
Branch (AT-18J), United States Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    Copies of the requested SIP revision, technical support documents, 
and public comments received are available at the following 
address:United States Environmental Protection Agency, Region 5, Air 
and Radiation Division, 77 West Jackson Boulevard (AT-18J), Chicago, 
Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Daniel Meyer, Air Toxics and Radiation 
Branch, Regulation Development Section (AT-18J), United States 
Environmental Protection Agency, Region 5, Chicago, Illinois 60604, 
(312) 886-9401.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

    On November 16, 1992, the Michigan Department of Natural Resources 
(MDNR) submitted to the USEPA rules and reporting forms requiring 
emission statements (annual emission reports). Michigan's submittal to 
USEPA comprised Natural Resources Commission Rule 336.202 (Rule 2), 
Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991 
Michigan Air Pollution Reporting Forms, Reference Tables, and General 
Instructions. On September 23, 1993 the USEPA proposed to disapprove 
the November 16, 1992 submittal in the Federal Register (58 FR 49463-
49464). The MDNR amended its reporting forms, and submitted the 1993 
Michigan Air Pollution Reporting Forms, Reference Tables, and General 
Instructions to USEPA on October 25, 1993. In addition, the MDNR 
provided a summary of its program along with an implementation 
strategy. The emission statement submittal addresses the emission 
statement requirements which are found at Section 182(a)(3)(B) of the 
Act.
    Section 182(a)(3)(B) of the Act states that, within 2 years, States 
in which ozone nonattainment areas classified marginal or worse are 
located must submit revisions to their SIPs to require the owners or 
operators of stationary sources of volatile organic compounds (VOC) or 
oxides of nitrogen (NOx) to provide States with statements, in a 
form acceptable to the USEPA, showing actual emissions of NOx and/
or VOC from those sources. The first emission statements must be 
submitted to the States within 3 years of the enactment of the 1990 
Clean Air Act Amendments, by November 15, 1993. Subsequent statements 
are to be submitted annually thereafter. These statements must contain 
certifications of accuracy.
    Section 182(a)(3)(B)(ii) of the Act specifies that the States may 
waive the emission statement requirements for any class or category of 
sources which emit less that 25 tons per year if the States, in their 
submissions of base year emission inventories or periodic emission 
inventories (required to be submitted to the USEPA every 3 years), 
provide for the reporting of the emissions from the exempted source 
classes or categories and if the reported emissions are determined 
using emission factors acceptable to the USEPA.

II. Analysis of State Submittal

    The criteria used to review the submission are found in USEPA's 
draft Guidance on the Implementation of an Emission Statement Program, 
July 1992. Four criteria have been established for approvability. One, 
the State should require sources emitting NOx or VOC in all ozone 
nonattainment areas to submit emission statements before November 15, 
1993 and annually thereafter. Two, when requesting emission statement 
data from sources of NOx or VOC, the State should require: (a) 
Certification of data accuracy; (b) source identification information; 
(c) operating schedule; (d) emissions information; (e) control 
equipment information; and (f) process data. Three, the pollutants 
being reported (NOx and VOC) and accompanying terminology should 
be clearly identified and defined. Four, the State should commit to 
provide emission statement data and updates to USEPA.
    After reviewing Michigan's submission against the above criteria, 
no deficiencies were found. MDNR requires sources of VOC or NOx in 
ozone nonattainment areas to submit emission statement data. The State 
notifies sources of this requirement in the State's reporting forms. 
The forms request proper certification of data accuracy along with 
emission statement data. The emission reporting forms define the 
applicable terms necessary to complete the forms. The State is 
committed to submitting emission statement information to USEPA via the 
Aerometric Information Retrieval System (AIRS) as expeditiously as 
possible. A detailed analysis of the SIP is found in three technical 
support documents dated June 3, 1993, September 14, 1993, and November 
18, 1993.

III. Implications of Action

    Based upon USEPA's evaluation of Michigan's November 16, 1992 and 
supplemental October 25, 1993 submittal, USEPA is approving the 
emission statement submission as a revision to the Michigan ozone SIP. 
Nothing in this action should be construed as permitting, allowing or 
establishing a precedent for any future request for revision of any 
SIP. The USEPA shall consider each request for revision of the SIP in 
light of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

IV. Executive Order (EO) 12291

    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989. 54 FR 2214-2225. On January 6, 1989 the Office of 
Management and Budget (OMB) waived Table 2 and 3 SIP revisions, 54 FR 
2222, from the requirements of section 3 of Executive Order 12291 for a 
period of 2 years. The USEPA has submitted a request for a permanent 
waiver for Table 2 and 3 SIP revisions. OMB has agreed to continue the 
waiver until such time as it rules on USEPA's request. This request 
continues in effect under Executive Order 12866 which superseded 
Executive ORder 12291 on September 30, 1993.

V. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, USEPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the Act 
do not create any new requirements, but simply approve requirements 
that the State is already imposing. Therefore, because the Federal SIP 
approval does not impose any new requirements, I certify that it does 
not have a significant impact on any small entities affected. Moreover, 
due to the nature of the Federal-State relationship under the Act, 
preparation of a regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of State action. The 
Act forbids the USEPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. USEPA 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: February 4, 1994.
David A. Ullrich,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart X--Michigan

    2. Section 52.1170 is amended by adding paragraph (c)(93) to read 
as follows:

Sec. 52.1170  Identification of plan.

* * * * *
    (c) * * *
    (93) On November 16, 1992, the Michigan Department of Natural 
Resources submitted Natural Resources Commission Rule 336.202 (Rule 2), 
Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991 
Michigan Air Pollution Reporting Forms, Reference Tables, and General 
Instructions as the States emission statement program. Natural 
Resources Commission Rule 336.202 (Rule 2) became effective November 
11, 1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became 
effective July 23, 1965.
    (i) Incorporation by reference.
    (A) Natural Resources Commission Rule 336.202 (Rule 2) became 
effective November 11, 1986. Section 5 and 14a of the 1965 Air 
Pollution Act 348 became effective July 23, 1965.
    3. Section 52.1174 is amended by adding paragraph (b) to read as 
follows:


Sec. 52.1174  Control strategy: Ozone.

* * * * *
    (b) Approval--On November 16, 1992, the Michigan Department of 
Natural Resources submitted Natural Resources Commission Rule 336.202 
(Rule 2), Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 
1991 Michigan Air Pollution Reporting Forms, Reference Tables, and 
General Instructions as the States emission statement program. Natural 
Resources Commission Rule 336.202 (Rule 2) became effective November 
11, 1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became 
effective July 23, 1965. These rules have been incorporated by 
reference at 40 CFR 52.1170(c)(93). On October 25, 1993, the State 
submitted the 1993 Michigan Air Pollution Reporting Forms, Reference 
Tables, and General Instructions, along with an implementation strategy 
for the State's emission statement program.
[FR Doc. 94-5226 Filed 3-7-94; 8:45 am]
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