[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Rules and Regulations]
[Pages 31305-31309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13118]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2013-0824; FRL-9928-35-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Michigan; Part 3 Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
revisions to the Part 3 rules into the Michigan State Implementation 
Plan (SIP). On December 13, 2013, the Michigan Department of 
Environmental Quality (MDEQ) submitted to EPA for approval revisions to 
Part 3, Emission Limitations and Prohibitions--Particulate Matter (PM), 
for open burning and electro-static precipitators (ESPs). The revisions 
for open burning eliminate specific provisions to allow household waste 
burning, and add a provision to allow for burning of fruit and 
vegetable storage bins for pest or disease control with specific 
location limitations. The SIP request also removes rule 330 dealing 
with operation parameters for electrostatic precipitators because of 
redundancy, and rule 349 dealing with compliance dates for coke ovens 
because it is now obsolete. EPA is approving this SIP revision because 
it will not interfere with attainment or maintenance of the fine 
particulate matter (PM2.5) National Ambient Air Quality 
Standard (NAAQS).

DATES: This direct final rule will be effective August 3, 2015, unless 
EPA receives adverse comments by July 2, 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-2013-0824, 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

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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-
2013-0824. 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 Carolyn Persoon, Environmental 
Engineer, at (312) 353-8290, before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8290, [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 EPA's analysis of the Part 3 Emission Limitations and 
Prohibitions--Particulate Matter Revisions?
    II. What Action is EPA taking?
    III. Incorporation by Reference.
    IV. Statutory and Executive Order Reviews.

I. What is EPA's analysis of the Part 3 Emission Limitations and 
Prohibitions--Particulate Matter Revisions?

A. Background of Rule 310, 330, and 349

    EPA approved the Part 3 open burning rule (rule 310) into the 
Michigan SIP on November 2, 1988 (53 FR 44189), and amended it on June 
28, 2002 (67 FR 43548). The rule prohibits open burning, with 
exceptions that originally included household waste, structures for 
fire training, trees, logs, brush and stumps located outside 
incorporated areas, beekeeping equipment, and logs, charcoal, and brush 
used for cooking or recreation. Revisions to the rule promulgated by 
the state on October 8, 2012, further prohibited residential burning of 
plastic, rubber, foam, chemically treated wood, textiles, electronics, 
chemicals, or hazardous materials. The revisions also allowed for 
burning of fruit or vegetable untreated wooden storage bins for disease 
or pest control, only if the burning did not occur in a class I or II 
area, in a city or village, or within 1400 feet of a city or village.
    Along with the October 8, 2012, revisions to open burning rule 310, 
Michigan rescinded both rule 330 and 349, electrostatic precipitator 
control parameters, and coke-oven compliance date, respectively. EPA 
originally approved rule 330 into the Michigan SIP on May 6, 1980 (45 
FR 29790), and most recently approved a revision to it in an update of 
the Part 3 rules on June 1, 2006 (71 FR 31093). Rule 330 outlined 
operational parameters for ESPs on cement kilns, kraft recovery 
boilers, lime kilns, calciners, pulverized coal fired boilers, basic 
oxygen furnaces, and gypsum dryers, requiring that these electrostatic 
precipitators have an automatic control system approved by MDEQ. MDEQ 
found that the rule was redundant and rescinded it on April 1, 2013. 
MDEQ has provided documentation showing PM emission limits for the 
facilities subject to rule 330 have not changed, and that proper 
operation of control devices is still required by rule 910 in the 
Michigan SIP.
    MDEQ also rescinded rule 349, which contained a compliance date of 
December 31, 1982, for coke ovens to meet requirements outlined in 
rules 350 and 357. Since the compliance date has long passed, and coke 
ovens must still comply with rules 350 and 357, MDEQ and EPA find this 
rule to be obsolete, and no analysis was required by the state.
    On October 8, 2012, and March 25, 2013, the MDEQ filed, and the 
Michigan Secretary of State approved these rule changes in accordance 
with the provisions of Section 46(1) of Act 306, Public Acts of 1969, 
as amended, and Executive Order 1995-6. The rules became effective on 
April 1, 2013. Subsequently, MDEQ published in the May 6, 2013 MDEQ 
Environmental Calendar, located at http://www.michigan.gov/envcalendar, 
a public notice addressing revision of the SIP, and asking for public 
comment if the rules should be incorporated into the SIP. There were no 
requests for a public hearing, and no public comments were received.

B. Analysis of Revisions to Rules 310, 330, and 349

    EPA's approval is based on consideration of whether the revisions 
to and rescissions of rules meet the requirements of section 110(l) of 
the Clean Air Act (CAA), 42 U.S.C. 7410(l). In particular, EPA 
considered whether the changes made to the Part 3 rules in the Michigan 
SIP will impact Michigan's ability to attain and maintain both the 
annual PM standard (2012) and the 24-hour PM standard (2006).
    Under CAA section 110(l), the state must show that the SIP revision 
will not interfere with attainment and maintenance of all existing PM 
standards, which, in the case of revisions to Part 3 of the Michigan 
SIP, would be the annual standard of 12 micrograms per cubic meter 
([mu]g/m\3\) promulgated in 2012 and the 24-hour standard of 35 [mu]g/
m\3\ promulgated in 2006. Based on the most current three-year 
monitoring design values (2011-2013), the entire state of Michigan is 
attaining the annual and 24-hour

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standard, with annual design values ranging from 5.9 to 11.3 [mu]g/
m\3\, and 24-hour design values ranging from 16 to 26 [mu]g/m\3\. See 
EPA's Web site under the Design Values tab for PM, Table 6, at http://www.epa.gov/airtrends/values.html; data can also be found in the 
docket. Initial data from 2012-2014 indicates the entire state 
continues to attain and PM monitoring values continue to decline, 
indicating that the 2013 revisions to these rules has not interfered 
with attainment of the standards.
    To support the revisions and address the ability of Michigan to 
maintain the PM standards in the future with these revisions, the state 
did a conservative analysis of potential emissions and impacts from the 
additional open burning of fruit and vegetable crates. MDEQ has 
estimated annual maximum emissions from these additional sources to be 
30 tons per year (tpy) across the entire state.\1\ The rule only allows 
open burning of crates happen in rural areas. The highest monitored 
background concentrations in rural areas are 8[mu]g/m\3\ for the annual 
standard and 20[mu]g/m\3\ for the 24-hour standard. EPA's AERSCREEN 
tool estimates a maximum localized concentration increase of 3[mu]g/
m\3\. This maximum addition of 3[mu]g/m\3\ PM2.5 to the 
highest maximum rural concentration, where burning is allowed, does not 
cause a violation of either the annual PM2.5 or the 24-hour 
standard. EPA also considered the air quality impact on urban areas, 
because the rule does not allow burning in an urban area EPA considered 
the potential increase to be 0[mu]g/m\3\, resulting in no increase to 
the attaining monitored values. Therefore, EPA has concluded that 
changes to the Michigan SIP 310 Open Burning Rule does not interfere 
with attainment or maintenance of the NAAQS.
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    \1\ The state's analysis can be found in the docket for this 
rulemaking.
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    For the analysis of the rescission of the ESP operations rule 330, 
MDEQ provided a list of facilities subject to the ESP operating 
parameters, which can be found in the docket. EPA has determined that 
emission limits for either PM or opacity exist for each of the sources, 
either through permits to install, which are permanent and enforceable 
construction permits, or the National Emissions Standards for Hazardous 
Air Pollutants, 40 CFR part 63, subpart UUUUU (utility MACTs or MATs). 
Thus, rescission of rule 330 will not affect the obligation of these 
facilities to continue to meet their PM or opacity emission limits. 
These existing limits are permanent and enforceable. Further, the 
utility MACT standards are Federal rules which require installation of 
the maximum control technology available to the sector at this point in 
time and, if updated, will reflect greater efficiency and removal as 
technology evolves. The permits to install are permanent and 
enforceable and, if the facility would like to change the limits, it 
must either find offsets (for nonattainment new source review (NSR)) or 
provide modeling that shows compliance with the NAAQS (for prevention 
of significant deterioration (PSD)/NSR), the same analysis under 
Section 110(l) of the CAA that the state must use when proposing 
changes to a SIP. Therefore no future protection of the NAAQS is lost.
    EPA has determined that the rescission of this rule will not 
interfere with attainment of the NAAQS, as the area is currently 
attainment and the current emission limits for the facilities that were 
subject to 330 are not affected by the rescission. EPA has also 
determined that the rescission will not affect maintenance. MDEQ has 
demonstrated that any changes to current PM or opacity emission limits 
in permits will become more stringent through the utility MACTs and 
that sources will have to demonstrate compliance with the NAAQS through 
modeling or offsets if a permit to install is modified.
    EPA finds that the recession of rule 340, compliance date for coke 
ovens, does not require a 110(l) analysis, since the compliance date 
has long past, and the rule is obsolete.
    EPA has determined that the Michigan SIP revisions are therefore 
approvable because they meet the requirements of 110(l).

II. What Action is EPA taking?

    EPA is approving into the Michigan SIP revisions to Part 3, 
including the revisions to open burning rule 310, removal of rule 330, 
ESP operating provisions, and removal of rule 340, compliance date. 
Specifically, EPA is approving into the SIP R 336.1310 and removing R 
336.1330 and R 336.1349. The revisions to Part 3 are approvable, since 
EPA's analysis under worst case conditions indicates these revisions 
will not interfere with attaining or maintaining the NAAQS, as 
prescribed by section 110(l) of the CAA. 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 amendment if relevant adverse written comments are filed. This 
rule will be effective August 3, 2015 without further notice unless we 
receive relevant adverse written comments by July 2, 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. All public comments received will then be addressed 
in a subsequent final rule based on the proposed action. 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 may be severed from the remainder of the 
rule, EPA may adopt as final those provisions of this rule that are not 
the subject of an adverse comment. If we do not receive any comments, 
this action will be effective August 3, 2015.

III. 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 as set forth 
below. 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).

IV. 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. 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

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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 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 August 3, 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 today's 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: May 18, 2015.
Susan Hedman,
Regional Administrator, Region 5.
    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 the table in paragraph (c) is amended under ``Part 
3. Emission Limitations and Prohibitions-Particulate Matter'' by:
0
a. Revising the entry for R 336.1310.
0
b. Removing the entries for R 336.1330 and R 336.1349.
    The revised text reads 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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                                                  * * * * * * *
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                        Part 3. Emission Limitations and Prohibitions--Particulate Matter
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                                                  * * * * * * *
R 336.1310.......................  Open burning........     04/01/13  06/02/15, [insert     ....................
                                                                       Federal Register
                                                                       citation].
 
                                                  * * * * * * *
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[FR Doc. 2015-13118 Filed 6-1-15; 8:45 am]
 BILLING CODE 6560-50-P