[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Proposed Rules]
[Pages 77113-77116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8036]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2004-MI-0001; FRL-8016-4]


Approval and Promulgation of Implementation Plans; Michigan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to partially approve and partially 
disapprove revisions to the Michigan State Implementation Plan (SIP). 
These revisions were submitted to the EPA by the Michigan Department of 
Environmental Quality (MDEQ) on April 3, 2003, May 28, 2003, September 
17, 2004, October 25, 2004 and June 8, 2005. The following sections of 
Michigan's rules are affected: Part 3: Emission Limitations and 
Prohibitions--Particulate Matter; Part 4: Emission Limitations and 
Prohibitions--Sulfur-bearing Compounds; Part 6: Emission Limitations 
and Prohibitions--Existing Sources of Volatile Organic Compound 
Emissions; Part 7: Emission Limitations and Prohibitions--New Sources 
of Volatile Organic Compound Emissions; Part 9: Emission Limitations 
and Prohibitions--Miscellaneous; Part 10: Intermittent Testing and 
Sampling; and Part 11: Continuous Emission Monitoring. The revisions 
are primarily administrative changes and minor corrections.

DATES: Comments must be received on or before January 30, 2006.

ADDRESSES: Submit comments, identified by Docket ID No. EPA-R05-OAR-
2004-MI-0001, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (312) 886-5824.
     Mail: John M. Mooney, Chief, Criteria Pollutant Section, 
(AR-18J), U.S. Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois 60604.
     Hand Delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries 
are only accepted during the Regional Office's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The Regional Office's 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-
2004-MI-0001. 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

[[Page 77114]]

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. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the electronic 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), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-1767, [email protected].

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. What Has Michigan Submitted?
III. Did Michigan Hold a Public Hearing?
IV. What Is EPA's Evaluation of the State Submittal?
V. What Actions Is EPA Taking?
VI. Statutory and Executive Order Reviews

I. What Should I Consider as I Prepare My Comments for EPA?

A. Submitting CBI

    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.

B. Tips for Preparing Your Comments

    When submitting comments, remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. What Has Michigan Submitted?

    On April 3, 2003, May 28, 2003, September 17, 2004, October 25, 
2004, and June 8, 2005 the Michigan Department of Environmental Quality 
(MDEQ) submitted revisions to the Michigan State Implementation Plan 
(SIP). These submissions revise the following sections of Michigan's 
Air Pollution Control Rules: R 336.1301, R 336.1303, R 336.1330, R 
336.1331 except item C8 of Table 31, R 336.1358, R 336.1361, R 
336.1362, R 336.1363, R 336.1371, R 336.1372, R 336.1374, R 336.1401, R 
336.1403, R 336.1601, R 336.1602, R 336.1604 to R 336.1608, R 336.1615 
to R 336.1619, R 336.1622, R 336.1623, R 336.1625, R 336.1627 to R 
336.1631, R 336.1702, R 336.1705, R 336.1906, R 336.1911, R 336.1930, R 
336.2001 to R 336.2005, R 336.2007, R 336.2011 to R 336.2014, R 
336.2021, R 336.2040 except subrules (9) and (10), R 336.2041, R 
336.2101, R 336.2150, R 336.2155, R 336.2159, R 336.2170, R 336.2175, R 
336.2189, and R 336.2190. The revisions are primarily administrative 
changes and minor corrections.

III. Did Michigan Hold a Public Hearing?

    Michigan held public hearings on February 2, 2000, October 17, 2001 
and December 2, 2004. No negative comments were submitted on the rule 
revisions.

IV. What Is EPA's Evaluation of the State Submittal?

    The following is a brief summary of the revisions and EPA's 
evaluation of them.

Part 3: Emission Limitations and Prohibitions--Particulate Matter

    R 336.1301, 1303, 1330, 1331 except C8 of Table 31, 1371, 1372, and 
1374--The MDEQ made minor administrative revisions, e.g., changing 
terminology from ``commission'' to ``department.'' The revisions are 
approvable.
    R 336.1358, R 336.1361, R 336.1362, R 336.1363--The MDEQ corrected 
a subsection reference in each of these rules. Reference test method 9 
was said to be described in R 336.2004(1)(h) when the correct section 
was R 336.2004(1)(l). R 336.2004(h) describes test method 4. The 
corrections are approvable.

Part 4: Emission Limitations and Prohibitions--Sulfur-bearing Compounds

    R 336.1401 and 1403--The MDEQ made minor administrative revisions, 
e.g., changing terminology from ``commission'' to ``department.'' The 
revisions are approvable.

Part 6: Emission Limitations and Prohibitions--Existing Sources of 
Volatile Organic Compound Emissions

    R 336.1601--The MDEQ changed terminology from ``commission'' to 
``department.'' The revision is approvable.
    R 336.1602--Section 336.1602(2) requires department approvals of 
equivalent emission rates, alternate emission rates, and compliance 
methods reverenced in the section to be submitted to EPA as a SIP 
revision. The MDEQ changed references to rule R 336.1610 contained in 
this section to make them consistent with the version

[[Page 77115]]

of rule R 336.1610 currently applicable at the state level. The 
revisions to R 336.1610 have not been approved into the SIP and are not 
currently before EPA for review.\1\ Therefore, by revising the 
references to rule R 336.1610, the references applicable to the SIP 
approved version of rule R 336.1610 would be eliminated. Approval of 
the revision to R 336.1602 would relax RACT in the current SIP approved 
version of R 336.1610 by eliminating the reference requiring alternate 
methods to be submitted to EPA as a SIP revision. This would 
effectively allow the State to alter the SIP without EPA review and 
approval (director's discretion). This is inconsistent with the 
requirements of the CAA and with RACT requirements as set forth in EPA 
policy guidance documents, including ``Issues Relating to VOC 
Regulation Cutpoints, Deficiencies and Deviations, Clarification to 
Appendix D of November 24, 1987 Federal Register Notice'' dated May 25, 
1988. The revisions to this rule are not approvable.
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    \1\ It should be noted that the revisions would not be 
approvable because they would relax the Reasonably Available Control 
Technology (RACT) level of controls on Volatile Organic Compounds 
(VOC) required by the Clean Air Act (CAA). See Sections 182(a)(2)(A) 
and 182(b)(2).
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    R 336.1604 to 1608 and 1615 to 1618--The MDEQ made minor 
administrative revisions, e.g., changing terminology from 
``commission'' to ``department.'' The revisions are approvable.
    R 336.1619 and 1622--The MDEQ made minor administrative changes, 
e.g., updating the date of the CFR reference, updating the cost of 
ordering printed materials. The revisions are approvable.
    R 336.1623 and 1627--The MDEQ made minor administrative revisions, 
e.g., changing terminology from ``commission'' to ``department.'' The 
revisions are approvable.
    R 336.1625--The MDEQ revised the rule to read as follows: ``A 
person who is responsible for the operation of a synthesized 
pharmaceutical process subject to the provisions of this rule shall 
obtain current information and maintain records that are necessary for 
a determination of compliance with the provisions of this rule.'' This 
language is consistent with RACT requirements for synthesized 
pharmaceutical manufacturing contained in the control technology 
guideline and expressed in EPA's model VOC RACT rules. See Memorandum 
dated June 24, 1992, from G.T. Helms, Chief, Ozone/Carbon Monoxide 
Programs Branch, entitled ``Volatile Organic Compounds (VOC) Rules for 
Reasonably Available Control Technology (RACT).'' The MDEQ added the 
requirement to keep ``continuous records of the gas temperature of each 
condenser or of a parameter that insures proper operation of an 
equivalent control device used pursuant to subrule (2)(B) of this 
rule.'' The MDEQ also made minor administrative changes, e.g., changing 
terminology from ``commission'' to ``department.'' The revisions are 
approvable.
    R 336.1628--The MDEQ made minor administrative changes, e.g., 
updating the date of the CFR reference, updating the cost of ordering 
printed materials. The revisions are approvable.
    R 336.1629--The MDEQ made minor administrative changes, e.g., 
noting where in Michigan's rules American Society for Testing and 
Materials (ASTM) methods are adopted by reference. The revisions are 
approvable.
    R 336.1630--The MDEQ made minor administrative revisions, e.g., 
changing terminology from ``commission'' to ``department.'' The 
revisions are approvable.
    R 336.1631--The MDEQ made minor administrative revisions; e.g., 
changing terminology from ``commission'' to ``department'' and updating 
the name of a regulated company. The revisions are approvable.

Part 7: Emission Limitations and Prohibitions--New Sources of Volatile 
Organic Compound Emissions

    R 336.1702 and 1705--The MDEQ made minor administrative revisions, 
e.g., changing terminology from ``commission'' to ``department.'' The 
revisions are approvable.

Part 9: Emission Limitations and Prohibitions--Miscellaneous

    R 336.1906, 1911 and 1930--The MDEQ made minor administrative 
revisions, e.g., changing terminology from ``commission'' to 
``department.'' The revisions are approvable.

Part 10: Intermittent Testing and Sampling

    R 336.2001 to 2003--The MDEQ made minor administrative revisions, 
e.g., changing terminology from ``commission'' to ``department.'' The 
revisions are approvable.
    R 336.2004--The MDEQ made minor administrative changes, e.g., 
updating the date of the CFR reference, updating the cost of ordering 
printed materials. The revisions are approvable.
    R 336.2005--The MDEQ changed terminology from ``commission'' to 
``department.'' The revision is approvable.
    R 336.2007--The MDEQ included two schematic figures that were 
inadvertently omitted in earlier versions of the rule. The revisions 
are approvable.
    R 336.2011--The MDEQ made minor administrative revisions, e.g., 
changing terminology from ``commission'' to ``department.'' The State 
also corrected an error in the nomenclature for the calculations. 
Specifically, the equation defining CS was corrected to read 
`` CS = Concentration of particulate matter in stack gas, 
pounds per 1,000 pounds of actual stack gas.'' The revisions are 
approvable.
    R 336.2012 to 2014--The MDEQ made minor administrative revisions, 
e.g., changing terminology from ``commission'' to ``department.'' The 
revisions are approvable.
    R 336.2021--The MDEQ removed figures 101 and 105. Rule 336.2010, 
the only rule referring to these figures, was rescinded by the state 
and removed from the SIP. These revisions are approvable.
    R 336.2040--The MDEQ made minor administrative revisions, e.g., 
changing terminology from ``commission'' to ``department.'' The 
revisions are approvable.
    R 336.2041--There are multiple problems with this rule. The MDEQ 
added language to subrule (1) that allows the State to alter the SIP 
without submitting these changes to EPA for approval. This is 
inconsistent with the CAA and with RACT requirements as set forth in 
EPA policy guidance documents, including ``Issues Relating to VOC 
Regulation Cutpoints, Deficiencies and Deviations, Clarification to 
Appendix D of November 24, 1987 Federal Register Notice'' dated May 25, 
1988. The MDEQ also changed references to rule R 336.1610 to reflect 
revisions to that rule. However, as discussed above, the revisions to R 
336.1610 have not been approved into the SIP and are not approvable 
because they would relax RACT requirements. Also, the rewording of 
several subparts is confusing. This rule is not approvable.

Part 11: Continuous Emission Monitoring

    R 336.2101--The MDEQ made minor administrative revisions, e.g., 
changing ``commission'' to ``department.'' The revisions are 
approvable.
    R 336.2150--The MDEQ updated CFR citations from 1983 to 2000 and 
made minor administrative revisions, e.g., changing terminology from 
``department of natural resources'' to ``department of environmental 
quality.'' The revisions are approvable.
    R 336.2155--The MDEQ changed terminology from ``commission'' to

[[Page 77116]]

``department.'' The revision is approvable.
    R 336.2159--The MDEQ made minor administrative revisions, e.g., 
changing terminology from ``commission'' to ``department.'' The 
revisions are approvable.
    R 336.2170--The MDEQ made minor administrative revisions, e.g., 
changing terminology from ``commission'' to ``department.'' The 
revisions are approvable.
    R 336.2175--The MDEQ made minor administrative revisions, e.g., 
changing terminology from ``commission'' to ``department.'' The 
revisions are approvable.
    R 336.2189--The MDEQ made minor administrative revisions, e.g., 
changing terminology from ``commission'' to ``department.'' The 
revisions are approvable.
    R 336.2190--The MDEQ changed terminology from ``commission'' to 
``department.'' The revision is approvable.

V. What Actions Is EPA Taking?

    To determine the approvability of a rule, EPA must evaluate the 
rule for consistency with the requirements of the CAA, EPA regulations 
and the EPA's interpretation of these requirements as expressed in EPA 
policy guidance documents. Rules R 336.1602 and R 336.2041 are 
inconsistent with the CAA and the applicable policies by which EPA must 
evaluate submittals, including, ``Issues Relating to VOC Regulation 
Cutpoints, Deficiencies and Deviations, Clarification to Appendix D of 
November 24, 1987 Federal Register Notice'' dated May 25, 1988. 
Therefore, EPA is proposing to disapprove rules R 336.1602 and R 
336.2041. EPA is proposing to approve the remainder of the rules.

VI. Statutory and Executive Order Reviews

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

Paperwork Reduction Act

    This proposed 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.).

Regulatory Flexibility Act

    This proposed action merely proposes to approve state law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by state law. Accordingly, the Administrator 
certifies that this proposed 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 proposes to approve 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 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 proposes to approve 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 13175 Consultation and Coordination With Indian Tribal 
Governments

    This proposed 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).

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

    This proposed 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.

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).

National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTA), 15 U.S.C. 272, requires Federal agencies to use 
technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impracticable. In 
reviewing program submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the Act. Absent a prior 
existing requirement for the state to use voluntary consensus 
standards, EPA has no authority to disapprove a program submission for 
failure to use such standards, and it would thus be inconsistent with 
applicable law for EPA to use voluntary consensus standards in place of 
a program submission that otherwise satisfies the provisions of the 
Act. Therefore, the requirements of section 12(d) of the NTTA do not 
apply.

List of Subjects in 40 CFR Part 52

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

    Dated: December 9, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
 [FR Doc. E5-8036 Filed 12-28-05; 8:45 am]
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