[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Rules and Regulations]
[Pages 21183-21187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08888]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2014-0188; FRL-9926-31-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Michigan; SO2 Rules

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request by the Michigan Department of Environmental Quality (MDEQ) 
submitted on February 14, 2014, and supplemented on October 27, 2014, 
to revise the Michigan state implementation plan (SIP) to incorporate 
sulfur dioxide (SO2) limits found in Michigan's Air 
Pollution Control Rules at Chapter 336, Part 4, ``Emissions Limitations 
and Prohibitions--Sulfur Bearing Compounds.'' EPA will take no action 
on the provisions pertaining to the Federal Clean Air Interstate Rule 
(CAIR) SO2 trading program because CAIR is no longer in 
effect.

DATES: This direct final rule will be effective June 16, 2015, unless 
EPA receives adverse comments by May 18, 2015. 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-2014-0188, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
Section, Air Programs Branch (AR-18J), U.S. 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-
2014-0188. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov your email 
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 
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 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 Federal holidays. 
We recommend that you telephone Charles Hatten, Environmental Engineer, 
(312) 886-6031 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Charles Hatten, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6031, [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 is the background for this action?
II. What did Michigan submit?
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Orders Reviews

I. What is the background for this action?

    On February 14, 2014, and October 27, 2014, MDEQ submitted a 
request to incorporate revisions to the Part 4 rule in Michigan's 
SO2 SIP. Specifically, the revisions to the Part 4 rule 
includes the removal of obsolete rule language, added definitions, and 
the consolidation of certain provisions for sources located in Wayne 
County.
    MDEQ published a Notice of Public Information in several newspapers 
and provided a 30-day public comment period on September 30, 2012, 
October

[[Page 21184]]

1, 2012, and December 2, 2013, respectively. No public comments were 
received.
    On May 31, 1972 (37 FR 10873), EPA approved the Part 4 sulfur 
limits into the Michigan SIP. The sulfur limits apply statewide, and 
reduce emissions of SO2 from the following sources: (1) Fuel 
burning equipment at power plants, (2) fuel burning equipment at a 
stationary source other than power plants, (3) oil and natural gas 
producing or transportation facilities and natural gas processing 
facilities, and (4) sulfuric acid plants. In the same action, EPA 
approved the Wayne County Air Quality Management Division (WCAQMD) 
Ordinance--Air Pollution Control (APC) regulation for SO2, 
``Article VI, Section 6.3, Emissions Limitations and Prohibitions--
Sulfur Bearing Compounds'' rule, thereby incorporating additional 
sulfur limits for Wayne County sources into the Michigan SIP. The 
WCAQMD APC regulation is more stringent than the state's Part 4 rule 
because it includes requirements to control sulfur bearing compound 
emissions from sulfuric acid plants, sulfur recovery plants, and 
hydrogen sulfide facilities. This rule became effective in Wayne County 
on July 23, 1965.
    On May 6, 1980 (45 FR 29790), EPA approved specific portions of the 
state of Michigan's April 25, 1979, SIP submittal, to satisfy the 
requirements of part D of the Clean Air Act (CAA) for SO2. 
In the same action, EPA approved minor revisions to the SO2 
regulations in the WCAQMD Ordinance (1969) to adjust sulfur limits for 
burning fuel oil.
    In September 2001, the Wayne County Department of Public Health 
closed the WCAQMD and ended its air pollution program. As a result of 
this action, Wayne County's air pollution control ordinance was 
repealed. Although WCAQMD no longer operates as the air pollution 
control agency for Wayne County, the SO2 regulations 
established for sources located in Wayne County remained part of the 
Federally-approved SIP for Michigan.

II. What did Michigan submit?

    MDEQ made revisions to the Part 4 rule with the intent to improve 
rule clarity. MDEQ has requested that we act on the following revisions 
to Part 4:

R336.1401a (Rule 401a), Definitions

    MDEQ determined that adding definitions for three terms would 
clarify the language in Part 4. Rule 401a includes definitions for the 
following terms: (a) Power plant, (b) sulfur recovery plant, and (c) 
used oil.
    The term ``power plant'' means a single structure devoted to steam 
or electric generation, or both, and may contain multiple boilers.
    A ``sulfur recovery plant'' is any plant that recovers elemental 
sulfur from any gas stream.
    The term ``used oil'' means any fuel that is produced from used 
oil, as defined in R 299.9109(p). To allow incorporation by reference 
of the definition contained in R 299.9109(p) into the new definition of 
``used oil,'' MDEQ requested in an October 27, 2014, supplement to its 
submission that EPA approve R 299.9109(p) into the Michigan SIP. Rule R 
299.9109(p), in the Hazardous Waste Management regulations of 
Michigan's Administrative Code, states, ``used oil means any oil which 
has been refined from crude oil, or any synthetic oil, which has been 
used and which as a result of the use, is contaminated by physical or 
chemical impurities.'' EPA finds that inclusion of the definition of 
used oil at R 299.9109(p) is consistent with the Federal used oil 
regulation in 40 CFR part 279 (subpart A, Definitions). Rule 
299.9109(p) became effective in Michigan on September 11, 2000.
    EPA finds these revisions acceptable for approval into the Michigan 
SIP.

R336.1401 (Rule 401); ``Emission Sulfur Dioxide From Power Plants''

    The existing rule 401 addressed SO2 emissions from power 
plants. Table 41 and Table 42, respectively, contain percent sulfur-in-
fuel and equivalent SO2 concentration limits. To streamline 
the structure of rule 401, MDEQ combined the equivalent SO2 
concentration limits in Table 42 with the percent sulfur-in-fuel limits 
in Table 41, and thus, developed a ``new'' Table 41--``Fuel and 
SO2 Emission Limitations for Power Plants.'' This change did 
not revise the existing emission limits for SO2.
    Subsections (1a) and (2) through (7) of the existing rule 401 
included interim requirements which allowed existing sources an 
extension of time, until January 1, 1980, for compliance. The state has 
requested removal of the obsolete rule language.
    To improve clarity, MDEQ added a ``new'' Table 42 into rule 401 
applicable to power plants located in Wayne County. MDEQ did not revise 
any of the sulfur limits applicable to sources in Wayne County in this 
SIP revision. Lastly, the revisions to rule 401 add requirements for 
power plants in Wayne County that burn used oil. The requirements for 
burning used oil at power plants provide a percent sulfur-in-fuel and 
equivalent SO2 concentration limits. Rule 401 limits the 
maximum sulfur content for burning used oil to one percent, and the 
equivalent SO2 concentration limit is 300 parts per million 
by volume (ppmv). The SO2 concentration limit of 300 ppmv, 
by comparison, is more stringent than the existing SIP limit of 400 
ppmv for power plants in Wayne County burning crude and heavy fuel 
oils.
    EPA finds the revisions acceptable for approval into Michigan's 
SIP.

R336.1402 (Rule 402), Emissions Limitation of SO2 From Fuel-
burning Equipment at Stationary Sources Other Than Power Plants

    The existing SIP contains emission limitations and prohibitions on 
emitting SO2 from fuel-burning equipment at stationary 
sources other than power plants. MDEQ's submission will move the fuel 
and SO2 concentration limitations applicable only to fuel-
burning equipment at stationary sources located in Wayne County, other 
than power plants, into rule 402. MDEQ also amended rule 402, adding 
sub-rules 402(3)--402(5). These sub-rules address the applicability 
determination, sulfur-in-fuel content and equivalent SO2 
concentration limitations, and recordkeeping and reporting requirements 
for fuel-burning equipment at Wayne County stationary sources other 
than power plants.
    MDEQ did not revise any of the requirements that apply to fuel-
burning equipment at stationary sources located in Wayne County, other 
than power plants, in this SIP revision. EPA finds these revisions 
acceptable for approval into Michigan's SIP.

R336.1404 (rule 404), Emission Limitation of SO2 and 
Sulfuric Acid Mist From Sulfuric Acid Plants

    The existing SIP addresses emission of sulfur bearing compounds 
from sulfuric acid plants.
    Similar to rules 401 and 402, MDEQ amended rule 404 by 
incorporating the sulfur limit applicable to sulfuric acid plants 
located in Wayne County into rule 404. Thus, any sulfuric acid plants 
located in Wayne County must continue to comply with the SO2 
concentration emission limitation of 6.5 pounds of acid produced.
    MDEQ did not revise any of the requirements that apply to sulfuric 
acid plants located in Wayne County in this SIP revision. EPA finds 
these revisions acceptable for approval into Michigan's SIP.

[[Page 21185]]

R336.1405 (Rule 405), R336.1406 (Rule 406), and R336.1407 (Rule 407)

    MDEQ amended Part 4 by adding rules 405, 406, and 407 to address 
emission of sulfur compounds from certain types of facilities or 
operations at a stationary source located within Wayne County. Rule 405 
specifies various sulfur compound emission limits applicable sulfur 
recovery plants. Rule 406 contains prohibitions on hydrogen sulfide 
emissions from sources located in Wayne County. Rule 407 contains 
sulfur compound limits that apply to any process and fuel burning 
equipment at Wayne County stationary sources not otherwise addressed in 
Part 4.
    MDEQ did not revise any of the sulfur limits that apply to plants 
located in Wayne County. The revisions to Part 4 centrally locates all 
the sulfur limits approved in the Michigan SIP in one place. The 
revisions also expand the applicability of the rule to restrict the 
emission of SO2 from fuel-burning equipment.
    EPA is approving Michigan's Part 4 SIP revision as it relates to 
Rule 401a, Rule 401, Rule 402, Rule 404, Rule 405, Rule 406, and Rule 
407. However, EPA is taking no action, at this time, on MDEQ's revision 
to R 336.1420 (Rule 420), pertaining to the Federal CAIR SO2 
trading program which is no longer in effect. The portion of the SIP 
revision submission that relates to CAIR is severable, and does not 
affect the stringency of the remainder of the SIP submission which EPA 
is approving into the Michigan SIP.

III. What action is EPA taking?

    EPA is approving Michigan's February 14, 2014, and October 27, 
2014, requests to revise Michigan's SIP revision to incorporate 
SO2 limits found in Michigan's Air Pollution Control Rules 
at Chapter 336, Part 4, ``Emissions Limitations and Prohibitions--
Sulfur Bearing Compounds.'' EPA is approving this rule for 
administrative and SIP strengthening purposes. EPA will take no action 
on the provisions pertaining to the Federal Clean Air Interstate Rule 
(CAIR) SO2 trading program because CAIR is no longer in 
effect. EPA is also approving Michigan rule 299.9109, which defines the 
term ``used oil'' into Michigan's SIP.
    The revision provides clarity to the Part 4 rule by adding 
definitions, removing obsolete language, and streamlining the structure 
of the rule by consolidating into Part 4 provisions relating to sources 
located in Wayne County. EPA also is approving MDEQ's SIP revision that 
removes obsolete language referring to the WCAQMD Ordinance (1969) from 
the Michigan SIP.
    It should be noted that EPA is not taking action in this document 
to address compliance with the 2010 national ambient air quality 
standard for SO2. SIPs addressing current nonattainment 
areas in the state for the 2010 SO2 standard are due April 
4, 2015, and will be addressed in a separate rulemaking.
    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 in part if relevant 
adverse written comments are filed. This rule will be effective June 
16, 2015 without further notice unless we receive relevant adverse 
written comments by May 18, 2015. 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. We then will 
address all public comments 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. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision can 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
If we do not receive any comments, this action will be effective June 
16, 2015.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Michigan 
regulations described in the amendments to 40 CFR part 52 set forth 
below. The EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement

[[Page 21186]]

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 action 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by June 16, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Reporting and recordkeeping 
requirements, Sulfur oxides.

    Dated: April 2, 2015.
Susan Hedman,
Regional Administrator, Region 5.

    Therefore, 40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

0
2. In Sec.  52.1170, in the table in paragraph (c):
0
a. Add at the beginning of the table the heading ``Hazardous Waste 
Management'', and under the new heading add an entry for ``R 
299.9109(p)''.
0
b. Revise the entries under the heading ``Part 4. Emission Limitations 
and Prohibitions--Sulfur-Bearing Compounds''.
0
c. Revise the entry for ``Wayne County Air Pollution Control 
Regulations''.
0
d. Remove the entry for ``Wayne County variance''.
    The revisions and additions read as follows:


Sec.  52.1170  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Michigan Regulations
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                                                          State
       Michigan citation                Title           effective     EPA Approval date           Comments
                                                           date
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                                           Hazardous Waste Management
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R 299.9109(p).................  Used oil.............      9/11/00  4/17/15, [insert
                                                                     Federal Register
                                                                     citation].
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                                                  * * * * * * *
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                     Part 4. Emission Limitations and Prohibitions--Sulfur-Bearing Compounds
----------------------------------------------------------------------------------------------------------------
R 336.1401....................  Emissions of sulfur        3/11/13  4/17/15, [insert       .....................
                                 dioxide from power                  Federal Register
                                 plants.                             citation].
R 336.1401a...................  Definitions..........      3/11/13  4/17/15, [insert       .....................
                                                                     Federal Register
                                                                     citation].
R 336.1402....................  Emission of SO2 from       3/11/13  4/17/15, [insert       .....................
                                 fuel-burning sources                Federal Register
                                 other than power                    citation].
                                 plants.
R 336.1403....................  Oil- and natural gas-      3/19/02  4/17/15, [insert       .....................
                                 producing or                        Federal Register
                                 transporting                        citation].
                                 facilities and
                                 natural gas-
                                 processing
                                 facilities;
                                 emissions; operation.
R 336.1404....................  Emissions of SO2 and       3/11/13  4/17/15, [insert       .....................
                                 sulfuric acid mist                  Federal Register
                                 from sulfuric acid                  citation].
                                 plants.
R 336.1405....................  Emissions from sulfur      3/11/13  4/17/15, [insert       .....................
                                 recovery plants                     Federal Register
                                 located within Wayne                citation].
                                 county.
R 336.1406....................  Hydrogen sulfide           3/11/13  4/17/15, [insert       .....................
                                 emissions from                      Federal Register
                                 facilities located                  citation].
                                 within Wayne county.
R 336.1407....................  Sulfur compound            3/11/13  4/17/15, [insert       .....................
                                 emissions from                      Federal Register
                                 sources located                     citation].
                                 within Wayne county
                                 and not previously
                                 specified.
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[[Page 21187]]

 
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                                                Local Regulations
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Wayne County Air Pollution      Wayne County Air           3/20/69  4/17/15, [insert       All except for
 Control Regulations.            Pollution Control                   Federal Register       Section 6.3 (A-H)
                                 Regulations.                        citation].
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[FR Doc. 2015-08888 Filed 4-16-15; 8:45 am]
 BILLING CODE 6560-50-P