[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(CAIR) SO2 trading program because CAIR is no longer in
effect.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
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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
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* * * * * * *
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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]
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