[Federal Register Volume 60, Number 10 (Tuesday, January 17, 1995)]
[Rules and Regulations]
[Pages 3346-3349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1067]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI19-03-6755; FRL-5134-9]


Approval and Promulgation of Air Quality Implementation Plan; 
Michigan; Wayne County Particulate Matter Nonattainment Area

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: In this action USEPA is approving the State Implementation 
Plan (SIP) submitted by the State of Michigan for the purpose of 
bringing about the attainment of the National Ambient Air Quality 
Standards (NAAQS) for particulate matter with an aerodynamic diameter 
less than or equal to a nominal 10 micrometers (PM). The SIP was 
initially submitted by the Michigan Department of Natural Resources 
(MDNR) on June 11, 1993 with revisions submitted on April 7, 1994 and 
October 14, 1994. On June 15, 1994 the USEPA published a Notice of 
Proposed Rulemaking (NPR) to disapprove the June 11, 1993 and April 7, 
1994 submittals (see 59 FR 30742). The State's October 14, 1994 SIP 
revision adequately addresses the deficiencies which had been the basis 
for the proposed disapproval of the previous submittals. Therefore, 
USEPA is withdrawing the proposed disapproval and is now approving the 
State submittal as meeting the Federal requirements for an approvable 
nonattainment area PM SIP for Wayne County, Michigan.

EFFECTIVE DATE: This final rule will become effective on February 16, 
1995.

ADDRESSES: Copies of the documents relevant to this action are 
available for inspection during normal business hours at the following 
location: (It is recommended that you telephone Christos Panos at (312) 
353-8328, before visiting the Region 5 office.)

United States Environmental Protection Agency, Region 5, Air and 
Radiation Division, Air Toxics and Radiation Branch, 77 West Jackson 
Boulevard, Chicago, Illinois 60604-3590.
Public Information Reference Unit, Environmental Protection Agency, 401 
M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental 
Engineer, Regulation Development [[Page 3347]] Section, Air Toxics and 
Radiation Branch (AT-18J), United States Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-
3590, (312) 353-8328.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 189 of the Clean Air Act (Act), 42 U.S.C. 7513(a), requires 
that States containing initial moderate PM nonattainment areas submit 
to USEPA by November 15, 1991 among other things, a plan and 
demonstration that the plan will provide for attainment of the PM NAAQS 
as expeditiously as practicable but no later than December 31, 1994. To 
satisfy this requirement, on June 11, 1994 the State submitted a 
proposed SIP revision which consisted primarily of 31 consent orders 
between the State and PM sources. The April 7, 1994 submittal consisted 
of a revised order for the Marblehead Lime Company, River Rouge, 
Michigan which superseded the portion of the June 11, 1993 SIP 
submittal applicable to the Marblehead Lime, River Rouge facility. The 
air quality dispersion modeling conducted by the State to demonstrate 
attainment was based upon control measures, limitations, and conditions 
contained in these orders.
    The air quality planning requirements for moderate PM nonattainment 
areas are set out in subparts 1 and 4 of Title I of the Act. The USEPA 
has issued a ``General Preamble'' describing USEPA's preliminary views 
on how USEPA intends to review SIP's and SIP revisions submitted under 
Title I of the Act, including those State submittals containing 
moderate PM nonattainment area SIP requirements (see generally 57 FR 
13498 (April 16, 1992) and 57 FR 18070 (April 28, 1992)).
    In the June 15, 1994 NPR, USEPA proposed to disapprove in its 
entirety the SIP revision submitted by the State because USEPA found 
unapprovable provisions in each of the 31 consent orders submitted for 
approval into the Michigan SIP, however, the USEPA also noted that it 
would change the proposed disapproval to final approval if the State 
were to remove the unacceptable language in paragraph 11, or replace it 
with a previously approved version, remove paragraph 12 in each of the 
31 consent orders, and submit revised consent orders to USEPA. The 
State subsequently revised paragraph 11, removed paragraph 12 of the 
consent orders and submitted the revised orders for approval into the 
Michigan SIP on October 14, 1994.

II. This Action

    Section 110(k) of the Act, 42 U.S.C. 7410(k), sets out provisions 
governing USEPA's review of SIP submittals. In this action, USEPA is 
withdrawing its proposed disapproval published in the June 15, 1994 NPR 
(59 FR 30742) and is, instead, fully approving the attainment plan for 
the Wayne County PM nonattainment area.
    Discussion of how the State met the Act's requirements for part D 
nonattainment area SIPs providing for attainment and maintenance of the 
PM NAAQS is included in the June 15, 1994 NPR and the November 24, 1993 
technical support document (TSD) and will not be repeated here. The 
revised consent orders do not alter the attainment demonstration 
submitted on June 11, 1993. No public comments were received on USEPA's 
review of this portion of the submittal. The comments submitted only 
address the proposed disapproval of the consent orders. The following 
sections discuss the basis for USEPA's proposed disapproval, comments 
received, and USEPA's response to comments.

III. Basis for Proposed Disapproval

    The USEPA proposed to disapprove the June 11, 1993 SIP submittal 
because of unapprovable language contained in two provisions found in 
each of the 31 consent orders. One provision (paragraph 11) allowed for 
the substitution of ``equivalent'' particulate and fugitive dust 
control measures. The USEPA noted that language in this provision was 
unacceptable because it bypassed the Act's substantive and procedural 
requirements for SIP revisions and went beyond the scope of the 
existing policy on providing for flexibility in the SIPs. The USEPA had 
informed MDNR that it could provide sources some flexibility by 
revising paragraph 11 to permit use of those measures specifically 
outlined by existing USEPA guidance.
    The other provision (paragraph 12) allowed for termination of the 
order upon the issuance of an operating permit pursuant to Title V of 
the Act. The USEPA noted that in order for the SIP to be enforceable, 
consent orders must not expire. Emission limits found in Title 5 
permits must be the same as those found in the SIP or within the 
flexibility provided for by the SIP. Should the consent order expire, 
the SIP would be deficient, even following the issuance of an operating 
permit. More details are provided in the November 24, 1993 TSD and the 
June 15, 1994 NPR.

IV. Public Comments/USEPA Response

    A thirty day public comment period was provided to allow interested 
parties the opportunity to comment on USEPA's proposed action. A 
summary of the public comments received and USEPA's response are 
presented below.
    Public Comment: The Wayne County Air Pollution Control Division 
agrees with USEPA on the second issue (expiration of consent orders) 
but disagrees with the first issue (equivalent control measures). The 
Division believes that USEPA should provide some mechanism or 
flexibility for the local or State agencies to recommend approval if a 
company proposes an alternative equivalent control measure and 
demonstrates that it will achieve an equivalent or better control 
efficiency on a particulate matter source.
    USEPA Response: The USEPA's detailed response to this comment is 
addressed below.
    Public Comment: The MDNR stated that the enclosed particulate 
matter consent orders have been revised to incorporate wording to 
address the deficient ``equivalency'' provisions in paragraph 11, 
consistent with USEPA's August 28, 1994 letter and as such should meet 
USEPA's conditions for approvability.
    USEPA Response: The USEPA has reviewed the revised consent orders 
and finds that the State has adequately addressed USEPA's concerns as 
detailed in the November 24, 1993 TSD and the June 15, 1994 NPR. The 
consent orders revisions are also consistent with USEPA's August 28, 
1994 letter. The revised language provides flexibility in the SIPs for 
altering control programs and processes, so long as the change does not 
result in an increase in the level of fugitive dust or particulate 
emissions. The alternative method must also be demonstrated to be 
equivalent to the approved SIP method through the use of a USEPA-
approved model. Any alternative method or model would require a site-
specific SIP revision. This procedure ensures that the limits are not 
subject to revision at the sole discretion of the State.
    Public Comment: The MDNR also stated that the termination clause 
which previously was paragraph 12 of the original consent orders has 
been deleted.
    USEPA Response: Deletion of this provision from the consent orders 
corrects the deficiency cited in the June 15, 1994 NPR.

V. Implications of This Action

    The USEPA is approving the SIP initially submitted by the State of 
[[Page 3348]] Michigan on June 11, 1993 with revisions submitted on 
April 7, 1994 and October 14, 1994. The MDNR has demonstrated that the 
Wayne County moderate PM nonattainment area will attain the PM NAAQS by 
December 31, 1994.

VI. Administrative Review

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 a 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 review under Executive Order 12866.

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.
    The 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 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 March 20, 1995. 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 a rule. This 
action may not be challenged later in proceedings to enforce its 
requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and Recordkeeping requirements.

    Dated: December 29, 1994.
Valdas V. Adamkus,
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.


Sec. 52.1170  [Amended]

Subpart X--Michigan

    2. 52.1170 is amended by adding paragraph (c)(100) to read as 
follows:
* * * * *
    (c) * * *
    (100) On June 11, 1993 the Michigan Department of Natural Resources 
(MDNR) submitted a plan, with revisions submitted on April 7, 1994 and 
October 14, 1994 for the purpose of bringing about the attainment of 
the National Ambient Air Quality Standards for particulate matter with 
an aerodynamic diameter less than or equal to a nominal 10 micrometers 
(PM) in the Wayne County moderate PM nonattainment area.
    (i) Incorporation by reference.
    (A) Consent Order 4-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Allied Signal, Inc., 
Detroit Tar Plant.
    (B) Consent Order 5-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Asphalt Products 
Company, Plant 5A.
    (C) Consent Order 6-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Clawson Concrete 
Company, Plant #1.
    (D) Consent Order 7-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Cummings-Moore 
Graphite Company.
    (E) Consent Order 8-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Delray Connecting 
Railroad Company.
    (F) Consent Order 9-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Detroit Edison 
Company, River Rouge Plant.
    (G) Consent Order 10-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Detroit Edison 
Company, Sibley Quarry.
    (H) Consent Order 11-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the city of Detroit, 
Detroit Water and Sewage Department, Wastewater Treatment Plant.
    (I) Consent Order 12-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ferrous Processing and 
Trading Company.
    (J) Consent Order 13-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ford Motor Company, 
Rouge Industrial Complex.
    (K) Consent Order 14-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ford Motor Company, 
Vulcan Forge.
    (L) Consent Order 15-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy 
Company, Detroit Lime Company.
    (M) Consent Order 16-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy 
Company, Plant #1.
    (N) Consent Order 17-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy 
Company, Plant #3.
    (O) Consent Order 18-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy 
Company, Plant #6.
    (P) Consent Order 19-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy 
Company, Plant 4 and 5.
    (Q) Consent Order 20-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy 
Company, Plant Scrap Up-Grade Facility.
    (R) Consent Order 21-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Marblehead Lime, 
Brennan Avenue Plant.
    (S) Consent Order 22-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Marblehead Lime, River 
Rouge Plant. [[Page 3349]] 
    (T) Consent Order 23-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the McLouth Steel Company, 
Trenton Plant.
    (U) Consent Order 24-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Michigan Foundation 
Company, Cement Plant.
    (V) Consent Order 25-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Michigan Foundation 
Company, Sibley Quarry.
    (W) Consent Order 26-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Morton International, 
Inc., Morton Salt Division.
    (X) Consent Order 27-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the National Steel 
Corporation, Great Lakes Division.
    (Y) Consent Order 28-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the National Steel 
Corporation, Transportation and Materials Handling Division.
    (Z) Consent Order 29-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Peerless Metals 
Powders, Incorporated.
    (AA) Consent Order 30-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Rouge Steel Company.
    (BB) Consent Order 31-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Keywell Corporation.
    (CC) Consent Order 32-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the St. Marys Cement 
Company.
    (DD) Consent Order 33-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the United States Gypsum 
Company.
    (EE) Consent Order 34-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Wyandotte Municipal 
Power Plant.

[FR Doc. 95-1067 Filed 1-13-95; 8:45 am]
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