[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22782]


[[Page Unknown]]

[Federal Register: September 15, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI24-01-6259a; FRL-5054-3]

 

Approval and Promulgation of State Implementation Plan; Michigan; 
Miscellaneous Rule Changes, Technical Changes

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The USEPA partially approves and partially disapproves a 
revision to the Michigan State Implementation Plan (SIP) incorporating 
technical changes to miscellaneous air control rules. These changes are 
not federally mandated, but the State has requested that USEPA 
incorporate the changes into the SIP.
DATES: This final rule will be effective November 14, 1994 unless 
notice is received by October 17, 1994 that someone wishes to submit 
adverse comments. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Written comments should be sent to:Carlton T. Nash, Chief, 
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    Copies of the SIP revision and USEPA's analysis are available for 
inspection at the U.S. Environmental Protection Agency, Region V, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604. (It is recommended that you telephone Megan Beardsley at (312) 
886-0669 before visiting the Region 5 Office.)
    A copy of this SIP revision is also available at the Office of Air 
and Radiation, Docket and Information Center (Air Docket 6102), Room 
M1500, U.S. Environmental Protection Agency, 401 M. Street, SW., 
Washington, DC 20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Megan Beardsley, Environmental 
Scientist, Regulation Development Section, Air Toxics and Radiation 
Branch (AT-18J), U.S. Environmental Protection Agency, Region V, 
Chicago, Illinois 60604, (312) 886-0669.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 12, 1993 the State of Michigan requested that the USEPA 
revise its SIP to incorporate a number of technical rule changes that 
the State adopted in 1989. Most of these changes are minor, clarifying 
rules or removing definitions of terms no longer used in Michigan law, 
but some changes are more substantial.
    Michigan's technical changes to miscellaneous rules were not 
required by the Clean Air Act (the Act) or other Federal law or policy. 
However, because the State requested that the changes be incorporated 
into the SIP, USEPA must review the changes to assure that they are in 
accordance with the Act.

II. Evaluation of State Submission

A. Procedural Background

    The Act requires States to observe certain procedural requirements 
in developing its SIP, of which the revisions will become a part. 
Section 110(a)(2) of the Act provides that each implementation plan 
submitted by a State must be adopted after reasonable notice and public 
hearing.1 Section 110(l) similarly provides that each revision to 
an implementation plan submitted by a State under the Act must have 
been adopted by such State after reasonable notice and public hearing.
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    \1\Also, section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
section 110(a)(2).
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    The State of Michigan held a public hearing on June 9, 1988 to 
solicit public comment on the miscellaneous rule changes. No comments 
were received. Michigan submitted the proposed SIP revision to USEPA on 
November 15, 1993.
    The USEPA reviewed the proposed SIP revision to determine 
completeness in accordance with the completeness criteria for SIP 
revisions specified in 40 CFR part 51, appendix V. The USEPA found the 
submittal complete, and sent a letter stating this finding to the 
Governor's delegate on January 7, 1994.

B. Submittal Review

    Most of the changes submitted by the State to USEPA clarified and 
strengthened the SIP. These changes are described below and in EPA's 
Technical Support Document for this document (M. Beardsley to Files, 
May 10, 1994).
    Approvable Changes:
    Throughout the rules included in this package, the State has 
updated and clarified references to other State rules. These changes 
are acceptable.
    The State has deleted the definition for ``green tire,'' (R 
336.1107 (c)) and ``undertread cementing'' (R 336.1121) because the 
terms are no longer used in State rules. This is acceptable. The State 
has replaced the term ``potential emissions'' with ``uncontrolled 
emissions'' (R336.1121) and has defined this term. The new definition 
is consistent with that used by USEPA.
    The State has revised a rule governing sulfur emissions (R 
336.1403) to require shut-off devices for facilities that burn large 
quantities of sour gas and has exempted certain sour gas storage 
vessels from control requirements. The USEPA has no specific guidance 
on sour gas shut-off devices, but these changes are reasonable and 
acceptable revisions to the SIP.
    The State has revised rules governing vapor recovery for gasoline 
and other organic compounds (R 336.1606-9) to replace the term ``ozone 
nonattainment area'' with ``any county listed in table 61-a,'' which is 
a list of current ozone nonattainment areas. This change will make the 
vapor recovery rules applicable in the counties currently designated as 
nonattainment areas even after these areas are redesignated to 
attainment. This change strengthens the SIP and is approvable. In R 
336.1608 and 336.1609, the State also has changed the wording of the 
rule to clarify that the rules apply to vapor recovery requirements at 
existing facilities rather than existing delivery trucks. This is 
approvable.
    The State has changed the notification requirements for process 
turnarounds at petroleum refineries to allow notification ``as soon as 
reasonably possible'' (R 336.1616). Because USEPA has no notification 
requirements for turnarounds, this change is acceptable.
    The State has deleted the rule (R 336.1626) regulating VOC 
emissions from rubber tire manufacturing. The State has no tire 
manufacturing facilities. This deletion is acceptable.
    Michigan has changed R 336.1705 to clarify that rules apply to 
vapor recovery requirements at new fuel loading facilities rather than 
to new delivery trucks. This is a useful and approvable change.
    Michigan has changed R 336.2005 on testing and sampling to list 
pressure and vacuum measurements in inches of water as well as pounds 
per square inch. This change is acceptable.
    Changes Requiring Disapproval:
    Several of the proposed SIP revisions submitted by the State of 
Michigan are not approvable by the USEPA. These changes and their 
deficiencies are described below and in detail in USEPA's Technical 
Support Document (M. Beardsley to Files, May 10, 1994).
    (1) Michigan changed the definition of ``good engineering practice 
design,'' (R 336.1107 (c)) in order to comply with Federal tall stack 
policy. This general change is acceptable, subject to USEPA rulemaking 
in response to the remand decision in NRDC v Thomas, 838 F.2d 1224 
(D.C. Cir. 1988); but the revised rule also includes provisions for 
exceptions to be made at the discretion of the State air commission (R 
336.1107 (b) (iv)). Such exemptions are revisions to the SIP and, under 
section 110(l) of the Act, must be submitted to USEPA for approval. For 
this reason, USEPA cannot approve discretionary provisions. Since this 
provision is inseparable from the rest of the definition, the entire 
paragraph, R 336.1107 (b), must be disapproved.
    Similarly, Michigan revised R 336.1241 (b), which includes language 
requiring sources to use meteorological data from National Weather 
Service stations unless they have air commission approval for the use 
of other data, and Michigan revised R 336.2005 (f) to allow the use of 
alternative test methods if they are approved by the air commission. 
Since each of these provisions is inseparable from the rest of its 
respective rule, USEPA must disapprove the entire requested revision 
for both rules.
    (2) The State has updated citations to USEPA's ``Guidelines on Air 
Quality Models'' in R 336.1240. The guidelines have changed 
substantially since the dates cited in the revised rule, making the 
rule unapprovable as written. The rule also allows State discretion in 
approving alternate models (R 336.1240 (2) (b). As described above, 
this use of discretion is unapprovable. USEPA disapproves the State's 
requested revisions for this rule.
    (3) Michigan changed R 336.1706 to clarify that the rule applies to 
new fuel loading facilities; however, in R 336.1706(1) the word ``new'' 
was retained in reference to delivery vessels. In conjunction with the 
changes made in 336.1609, this wording creates an exemption from the 
requirement for submerged filling for existing delivery vessels at new 
facilities. This exemption is contrary to USEPA guidance (Control of 
Volatile Organic Emissions from Bulk Gasoline Plants. EPA-450/2-77-035, 
December 1977), and the State has provided no justification for the 
exemption, which appreas to be a mistake. The rule is unapprovable.
    (4) In R 336.2150, 336.2151, 336.2153, 336.2175, 336.2176, and 
336.2199, the State has updated citations to USEPA performance 
specifications and standards for new sources. Because the 
specifications and standards have been substantially revised since the 
1982 and 1983 versions cited in the revised Michigan rules, the rules 
are unapprovable.

C. Action

    USEPA has reviewed Michigan's proposed SIP revision incorporating 
technical changes to miscellaneous rules and, as described above, has 
found that some of the proposed revisions meet the requirements of the 
Act and of USEPA policy, while others do not meet these requirements. 
Hence, the USEPA partially approves the revision request, approving the 
changes to the following Michigan Air Pollution Control Rules: R 
336.1107 (except paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R 
336.1607, R 336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and 
R 336.1705.
    Likewise, USEPA disapproves the State's request to incorporate into 
the SIP the submitted revisions to the following Michigan Air Pollution 
Control rules: R 336.1107 (c), R 336.1240, R 336.1241, R 336.1706, R 
336.2005, R 336.2150, R 336.2151, R 336.2153, R 336.2175, R 336.2176, 
and R 336.2199.
    Because USEPA considers this action noncontroversial and routine, 
we are approving it without prior proposal. This action will become 
effective on November 14, 1994. However, if we receive adverse comments 
by October 17, 1994, USEPA will publish a document that withdraws this 
action and will address all public comments in a subsequent final rule 
based on the proposal published in the proposal section of this Federal 
Register. The public comment period will not be extended or reopened.

IV. Miscellaneous

A. Applicability to Future SIP Decisions

    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. The USEPA shall consider each request for revision to the SIP in 
light of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

B. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Exectutive Order 12866 review.

C. 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.
    This partial approval does not create any new requirements. 
Therefore, I certify that this action 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 the 
regulatory flexibility analysis would constitute Federal inquiry into 
the economic reasonableness of the State action. The Act forbids USEPA 
to base its actions concerning SIPs on such grounds (Union Electric Co. 
v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976)).

D. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 14, 1994. 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, Incorporation by 
reference, Nitrogen oxides, Ozone, Volatile organic compounds.

    Dated: August 8, 1994.
David A. Ullrich,
Acting Regional Administrator.

    40 CFR part 52 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)(95) to read 
as follows:


Sec. 52.1170  Identification of plan.

* * * * *
    (c) * * *
    (95) On November 15, 1993, the State of Michigan requested revision 
to the Michigan State Implementation Plan (SIP) to incorporate 
miscellaneous technical rule changes that the State had made effective 
April 20, 1989.
    (i) Incorporation by reference.
    (A) Michigan Air Pollution Control Rules: R 336.1107 (except 
paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R 336.1607, R 
336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and R 336.1705, 
effective April 20, 1989.
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[FR Doc. 94-22782 Filed 9-14-94; 8:45 am]
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