[Federal Register Volume 89, Number 192 (Thursday, October 3, 2024)]
[Proposed Rules]
[Pages 80439-80445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21896]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2022-0976; FRL-10788-04-R5]
Air Plan Approval; Michigan; Attainment Plan for the Detroit 2010
Sulfur Dioxide Nonattainment Area
AGENCY: Environmental Protection Agency (EPA)
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the State Implementation Plan (SIP) revision submitted by
Michigan on December 20, 2022, and supplemented on February 21, 2023,
December 14, 2023, and April 2, 2024, which amends a SIP submission
previously submitted to EPA on May 31, 2016, and June 30, 2016, for
attaining the 1-hour sulfur dioxide (SO2) primary national
ambient air quality standard (NAAQS) for the Detroit SO2
nonattainment area. This action supplements a prior action which found
that Michigan had satisfied emission inventory and new source review
(NSR) requirements for this area, but had not met requirements under
the Clean Air Act (CAA) for the elements proposed to be approved here.
DATES: Comments must be received on or before November 4, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0976 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from the docket. EPA may publish
any comment received to its public docket. Do not submit to EPA's
docket at https://www.regulations.gov any information you consider to
be Confidential Business Information (CBI), Proprietary Business
Information (PBI), or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the web, cloud, or
other file sharing system). For additional submission methods, please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section. For the full EPA public comment policy,
[[Page 80440]]
information about CBI, PBI, or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Abigail Teener, Air and Radiation
Division (AR18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604, (312) 353-7314,
[email protected]. The EPA Region 5 office is open from 8:30 a.m.
to 4:30 p.m., Monday through Friday, excluding Federal holidays.
SUPPLEMENTARY INFORMATION: This supplementary information section is
arranged as follows:
I. Why was Michigan required to submit an SO2 plan for
the Detroit area?
II. Requirements for SO2 Nonattainment Area Plans
III. Review of Michigan's Attainment Plan
IV. Review of Other Plan Requirements
A. RACM/RACT
B. Reasonable Further Progress
C. Contingency Measures
V. What action is EPA taking?
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. Why was Michigan required to submit an SO2 plan for the Detroit
area?
On June 22, 2010, EPA published a new 1-hour primary SO2
NAAQS of 75 parts per billion (ppb), which is met at an ambient air
quality monitoring site when the 3-year average of the annual 99th
percentile of daily maximum 1-hour average concentrations does not
exceed 75 ppb, as determined in accordance with appendix T of 40 CFR
part 50. See 75 FR 35520, codified at 40 CFR 50.17(a)-(b). On August 5,
2013, EPA designated 29 areas of the country as nonattainment for the
2010 SO2 NAAQS, including the Detroit area within the State
of Michigan. See 78 FR 47191, codified at 40 CFR part 81, subpart C.
These area designations became effective on October 4, 2013. Section
191 of the CAA directs states to submit SIPs for areas designated as
nonattainment for the 1-hour primary SO2 NAAQS to EPA within
18 months of the effective date of the designation, i.e., by no later
than April 4, 2015, in this case. These SIPs were required to
demonstrate that their respective areas would attain the NAAQS as
expeditiously as practicable, but no later than five years from the
effective date of designation, which was October 4, 2018.
For a number of nonattainment areas, including the Detroit area,
EPA published an action on March 18, 2016 (effective April 18, 2016),
finding that Michigan and other pertinent states had failed to submit
the required SO2 nonattainment area plans by the submittal
deadline (81 FR 14736). Michigan submitted an attainment plan for the
Detroit SO2 nonattainment area on May 31, 2016, and
submitted associated enforceable emission limits and control measures
on June 30, 2016. These measures included Michigan Administrative Code
(MAC) 336.1430 (``Rule 430''), which imposed emission limits for U.S.
Steel. Subsequently, U.S. Steel challenged the legality of Rule 430
under state law in the Michigan Court of Claims, which invalidated Rule
430 on October 4, 2017. United States Steel Corp. v. Dept. of
Environmental Quality, No. 16-000202-MZ, 2017 WL 5974195 (Mich. Ct. Cl.
Oct. 4, 2017). Because the State's submitted attainment demonstration
relied on a limitation that had become unenforceable and, therefore,
could not meet the requirements of CAA sections 110 and 172, EPA could
not fully approve Michigan's 2016 plan.
On March 19, 2021, EPA partially approved and partially disapproved
Michigan's SO2 plan as submitted in 2016 (86 FR 14827)
(effective April 19, 2021). EPA approved the base-year emissions
inventory and affirmed that the nonattainment NSR requirements for the
area had previously been met on December 16, 2013 (78 FR 76064). EPA
also approved the enforceable control measures for two facilities as
SIP strengthening. At that time, EPA disapproved the attainment
demonstration, as well as Michigan's proposed requirements for meeting
reasonable further progress (RFP) toward attainment of the NAAQS,
Reasonably Available Control Measures (RACM)/Reasonably Available
Control Technology (RACT), and contingency measures. Additionally, EPA
disapproved the plan's control measures for two facilities as not
demonstrating attainment. EPA's March 19, 2021, partial disapproval
started a sanctions clock under CAA section 179.
On January 28, 2022, EPA issued a finding of failure to attain
(FFA) for the Detroit SO2 nonattainment area, determining
that the area failed to attain the 1-hour primary SO2 NAAQS
by the applicable attainment date of October 4, 2018, and established a
requirement that Michigan submit a revised SIP by January 30, 2023,
that provides for expeditious attainment of the NAAQS within the time
period specified in CAA sections 179(d)(3) and 172(a)(2). 87 FR 4501,
4503, codified at 40 CFR 52.1170(e). Michigan subsequently submitted
SIP revisions on December 20, 2022, February 21, 2023, December 14,
2023, and April 2, 2024. EPA is proposing here that the State's SIP
submission meets the CAA requirements to provide for expeditious
attainment of the NAAQS as required by EPA's January 28, 2022, FFA.
On October 12, 2022, EPA promulgated a Federal Implementation Plan
(FIP) for the Detroit SO2 nonattainment area (87 FR 61514),
which satisfied EPA's duty to promulgate a FIP for the area under CAA
section 110(c) that resulted from the March 18, 2016, finding of
failure to submit. While EPA's FIP for the Detroit area met the
requirements for SO2 nonattainment area plans, the FIP did
not relieve Michigan of the previously discussed CAA requirements to
submit a plan that provides for attainment of the 1-hour primary
SO2 NAAQS for the Detroit nonattainment area. On December
20, 2022, Michigan submitted a revised attainment plan for the Detroit
SO2 nonattainment area mirroring EPA's FIP in order to
remedy Michigan's 2016 plan deficiencies specified in EPA's March 19,
2021, rulemaking partially approving and partially disapproving
Michigan's SIP.
Michigan's revised plan, as submitted on December 20, 2022,
depended, in part, upon permits that had not yet been issued but would
include limits and associated requirements for the U.S. Steel, EES
Coke, and Dearborn Industrial Generation (DIG) facilities that are no
less stringent than those set forth in EPA's FIP, codified at 40 CFR
52.1189. On March 23, 2023, EPA proposed to conditionally approve
Michigan's plan, conditional upon the issuance of and submission for
incorporation into the SIP the applicable permits for the U.S. Steel,
EES Coke, and DIG facilities (88 FR 17488). Also on March 23, 2023, EPA
issued an interim final determination to stay and defer sanctions in
the Detroit SO2 nonattainment area based on EPA's proposed
conditional approval (88 FR 17376). However, the sanctions clock is
permanently stopped only by meeting the conditions of EPA's regulations
at 40 CFR 52.31(d), which EPA is proposing have been met here.
On December 14, 2023, the State submitted three applicable permits
for the U.S. Steel, EES Coke, and DIG facilities. On April 2, 2024, the
State submitted the final applicable permit for the DIG facility, along
with a request that EPA approve its revised plan. On April 29, 2024,
EPA issued a completeness letter, included in the docket for this
action, determining that Michigan's submittal had satisfied the
completeness criteria set forth at 40 CFR part 51, appendix V and met
the requirement for a SIP submittal that
[[Page 80441]]
provides for expeditious attainment set forth in EPA's January 28, 2022
FFA.
The remainder of this action describes the requirements that
SO2 nonattainment plans must meet in order to obtain EPA
approval, provides a review of Michigan's revised plan with respect to
these requirements, and describes EPA's proposed approval of the plan.
II. Requirements for SO2 Nonattainment Area Plans
Nonattainment SIPs must meet the applicable requirements of the
CAA, and specifically CAA sections 110, 172, 191 and 192. EPA's
regulations governing nonattainment SIPs are set forth at 40 CFR part
51, with specific procedural requirements and control strategy
requirements residing at subparts F and G, respectively. Soon after
Congress enacted the 1990 Amendments to the CAA, EPA issued
comprehensive guidance on SIPs, in a document entitled the ``General
Preamble for the Implementation of Title I of the CAA Amendments of
1990,'' published at 57 FR 13498 (April 16, 1992) (General Preamble).
Among other things, the General Preamble addressed SO2 SIPs
and fundamental principles for SIP control strategies. Id., at 13545-
49, 13567-68. On April 23, 2014, EPA issued recommended guidance for
meeting the statutory requirements in SO2 SIPs, in a
document entitled, ``Guidance for 1-Hour SO2 Nonattainment
Area SIP Submissions,'' available at https://www.epa.gov/sites/production/files/2016-06/documents/20140423guidance_nonattainment_sip.pdf. In this guidance EPA described
the statutory requirements for a complete nonattainment area SIP, which
includes: an accurate emissions inventory of current emissions for all
sources of SO2 within the nonattainment area; an attainment
demonstration; demonstration of RFP; implementation of RACM (including
RACT); nonattainment area NSR; enforceable emissions limitations and
control measures as necessary to attain the NAAQS; and adequate
contingency measures for the affected area. EPA already concluded in
its March 19, 2021, rulemaking that Michigan has met the emissions
inventory and nonattainment area NSR requirements.
In order for EPA to approve a SIP as meeting the requirements of
CAA sections 110, 172 and 191-192 and EPA's regulations at 40 CFR part
51, the SIP for the affected area needs to demonstrate to EPA's
satisfaction that each of the aforementioned requirements have been
met. Under CAA sections 110(l) and 193, EPA may not approve a SIP that
would interfere with or modify any applicable requirement in any area
which is nonattainment for any air pollutant unless it ensures
equivalent or greater emission reductions of such air pollutant. Such
requirements include those concerning NAAQS attainment and RFP, or any
other applicable requirement, or any requirement in effect (or required
to be adopted by an order, settlement, agreement, or plan in effect
before November 15, 1990).
CAA section 172(c)(1) directs states with areas designated as
nonattainment to demonstrate that the submitted plan provides for
attainment of the NAAQS. 40 CFR part 51, subpart G, further delineates
the control strategy requirements that SIPs must meet, and EPA has long
required that all SIPs and control strategies reflect four fundamental
principles of quantification, enforceability, replicability, and
accountability. See General Preamble at 13567-68. SO2
attainment plans must consist of two components: (1) emission limits
and other control measures that ensure implementation of permanent,
enforceable and necessary emission controls, and (2) a modeling
analysis which meets the requirements of 40 CFR part 51, appendix W,
which demonstrates that these emission limits and control measures
provide for timely attainment of the 1-hour primary SO2
NAAQS as expeditiously as practicable, but by no later than the
attainment date for the affected area. In all cases, the emission
limits and control measures must be accompanied by appropriate methods
and conditions to determine compliance with the respective emission
limits and control measures and must be quantifiable (i.e., a specific
amount of emission reduction can be ascribed to the measures), fully
enforceable (specifying clear, unambiguous and measurable requirements
for which compliance can be practicably determined), replicable (the
procedures for determining compliance are sufficiently specific and
non-subjective so that two independent entities applying the procedures
would obtain the same result), and accountable (source specific limits
must be permanent and must reflect the assumptions used in the SIP
demonstrations).
Preferred air quality models for use in regulatory applications are
described in appendix A of EPA's Guideline on Air Quality Models (40
CFR part 51, appendix W). In 2005, EPA promulgated the AERMOD model as
the Agency's preferred near-field dispersion modeling for a wide range
of regulatory applications addressing stationary sources (for example
in estimating SO2 concentrations) in all types of terrain
based on extensive developmental and performance evaluation.
Supplemental guidance on modeling for purposes of demonstrating
attainment of the SO2 standard is provided in appendix A to
the April 23, 2014, SO2 nonattainment area SIP guidance
document referenced above. Appendix A provides extensive guidance on
the modeling domain, the source inputs, assorted types of
meteorological data, and background concentrations. Consistency with
the recommendations in this guidance is generally necessary for the
attainment demonstration to offer adequately reliable assurance that
the plan provides for attainment.
As stated previously, attainment demonstrations for the 2010 1-hour
primary SO2 NAAQS must demonstrate future attainment and
maintenance of the NAAQS in the entire area designated as nonattainment
(i.e., not just at the violating monitor). This is demonstrated by
using air quality dispersion modeling (see appendix W to 40 CFR part
51) that shows that the mix of sources, enforceable control measures,
and emission rates in an identified area will not lead to a violation
of the SO2 NAAQS. For a short-term (i.e., 1-hour) standard,
EPA believes that dispersion modeling, using allowable emissions and
addressing stationary sources in the affected area (and in some cases
those sources located outside the nonattainment area which may affect
attainment in the area) is technically appropriate, efficient and
effective in demonstrating attainment in nonattainment areas because it
takes into consideration combinations of meteorological and emission
source operating conditions that may contribute to peak ground-level
concentrations of SO2.
The meteorological data used in the analysis should generally be
processed with the most recent version of the AERMET data preprocessor.
Estimated concentrations should include ambient background
concentrations, should follow the form of the standard, and should be
calculated as described in section 2.6.1.2 of the August 23, 2010,
clarification memo on ``Applicability of Appendix W Modeling Guidance
for the 1-hr SO2 National Ambient Air Quality Standard''
(U.S. EPA, 2010).
For a more in-depth discussion on the requirements of
SO2 nonattainment plans, including the use of longer-term
average limits, see EPA's proposed FIP (87 FR 33095, June 1, 2022).
[[Page 80442]]
III. Review of Michigan's Attainment Plan
Michigan's plan for the Detroit nonattainment area mirrors EPA's
final promulgated FIP for the area. Therefore, Michigan's plan relies
on the modeling analysis EPA used to support its FIP, which is attached
as appendix B of Michigan's December 20, 2022, submittal, to
demonstrate attainment of the 2010 SO2 NAAQS in the Detroit
area. A more in-depth discussion of the modeling analysis may be found
in EPA's proposed FIP (87 FR 33095) and the associated technical
support document, which is included in the docket for this action as
appendix B of Michigan's December 20, 2022, submittal.
An important aspect of an attainment plan is that the emission
limits that provide for attainment be quantifiable, fully enforceable,
replicable, and accountable. See General Preamble at 13567-68.
Michigan's attainment plan includes the same limits for the U.S. Steel,
EES Coke, Cleveland-Cliffs Steel Corporation, DIG, Carmeuse Lime, and
DTE Trenton Channel facilities that are included in EPA's FIP, and
which are all shown below in Table 1. The plan also includes the same
requirement that a 170-foot stack be constructed at U.S. Steel
Boilerhouse 2 by November 14, 2024, as set forth in EPA's FIP. The FIP
made all of these limits and requirements that had not already been
incorporated into Michigan's SIP federally enforceable via inclusion in
the FIP regulatory language, codified at 40 CFR 52.1189. As Michigan's
plan cannot simply rely on the limits and requirements set forth in the
FIP regulatory language but must adopt them as state requirements in
order for the revised SIP to be approved, the enforcement mechanisms of
all the limits relied upon by Michigan's plan are described in the
remainder of this section.
In preparing its 2016 plan, Michigan adopted Permit to Install 193-
14A, governing the Carmeuse Lime SO2 emissions, and Permit
to Install 125-11C, governing the DTE Trenton Channel SO2
emissions. These construction permit revisions were adopted by Michigan
following established, appropriate public review procedures. The permit
compliance dates were October 1, 2018, for Carmeuse Lime and January 1,
2017, for DTE Trenton Channel. Both of these permits were incorporated
into Michigan's SIP as part of EPA's March 19, 2021, action partially
approving and partially disapproving Michigan's SO2 plan (86
FR 14827). The Carmeuse Lime and DTE Trenton Channel permits were
incorporated into Michigan's SIP as part of EPA's March 19, 2021,
action. DTE Trenton Channel has since permanently shut down as of June
19, 2022, under court order, which is included in the docket for this
action. The DTE Trenton Channel permitted limit was included in the FIP
analysis as a precautionary measure, so it is therefore included in
Michigan's revised plan. However, any restart would require a revision
to the source's Title V permit, subject to EPA review and possible
objection if a permit revision would not ensure compliance with all
applicable CAA requirements.
Emission limits and associated requirements for U.S. Steel, EES
Coke, Cleveland-Cliffs Steel Corporation, and DIG, including the
construction of a new 170-foot stack for U.S. Steel Boilerhouse 2 by
November 14, 2024, are contained in permits specified in Table 1 below.
These limits and associated monitoring requirements were also included
in EPA's FIP, codified at 40 CFR 52.1189. The permit revisions were
adopted by Michigan following established, appropriate public review
procedures. EPA finds that these permit revisions provide for permanent
enforceability and is proposing to incorporate these permits into
Michigan's SIP in this action.
Table 1--Emission Limits Included in Michigan's Detroit SO2 Nonattainment Area Plan
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SO2 emission
Unit limit (lb/hr) Permit No. and date SIP status
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U.S. Steel--Zug Island
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Boilerhouse 1 (all stacks combined).... 55.00 Permit to Install 110-23, EPA is proposing to
A1 Blast Furnace....................... 0.00 effective September 26, incorporate these
2023. permits into Michigan's
SIP.
B2 Blast Furnace....................... 40.18
D4 Blast Furnace....................... 40.18
A/B Blas Furnace Flares................ 60.19
D Furnace Flare........................ 60.19
Boilerhouse 2.......................... * 750.00/81.00 Permit to Install 108-23,
effective November 14,
2024.
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U.S. Steel--Ecorse
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Hot Strip Mill--Slab Reheat Furnace 1.. 0.31 Permit to Install 110-23, EPA is proposing to
Hot Strip Mill--Slab Reheat Furnace 2.. 0.31 effective September 26, incorporate this permit
2023. into Michigan's SIP.
Hot Strip Mill--Slab Reheat Furnace 3.. 0.31
Hot Strip Mill--Slab Reheat Furnace 4.. 0.31
Hot Strip Mill--Slab Reheat Furnace 5.. 0.31
No. 2 Baghouse......................... 3.30
Main Plant Boiler No. 8................ 0.07
Main Plant Boiler No. 9................ 0.07
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EES Coke
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Combustion Stack....................... 544.6 Permit to Install 51-08C, EPA is proposing to
effective November 21, incorporate this permit
2014. into Michigan's SIP.
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[[Page 80443]]
DTE Trenton Channel **
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Trenton Channel Unit 9................. 5,907 Permit to Install 125-11C, Incorporated into
effective January 1, 2017. Michigan's SIP as part
of March 19, 2021,
action (86 FR 14827).
However, the source has
since shut down, and any
restart would require a
revision to the source's
Title V permit, subject
to EPA review and
possible objection if a
permit revision would
not ensure compliance
with all applicable CAA
requirements.
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Carmeuse Lime
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Carmeuse Lime Stack.................... 470 Permit to Install 193-14A, Incorporated into
effective October 1, 2018. Michigan's SIP as part
of March 19, 2021,
action (86 FR 14827).
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Cleveland-Cliffs Steel Corporation **
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Furnace B Baghouse Stack............... 71.9 Permit MI-ROP-A8640-2016a, EPA is proposing to
Furnace B Stove Stack.................. 38.75 modified January 19, 2017. incorporate this permit
into Michigan's SIP.
Furnace B Baghouse and Stove Stacks 77.8
(combined).
Furnace C Baghouse Stack............... 179.65
Furnace C Stove Stack.................. 193.6
Furnace C Baghouse and Stove Stacks 271.4
(combined).
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DIG **
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Boilers 1, 2, and 3 (combined)......... 420 Permit 253-02A, effective EPA is proposing to
September 25, 2003. incorporate the sections
of this permit
containing the 420 lb/hr
limit and associated
requirements (cover
page, section 5.1d, and
sections 5.2-5.10) into
Michigan's SIP.
Boilers 1, 2, and 3 and Flares 1 and 2 840 Permit to Install 109-23, EPA is proposing to
(combined). effective September 26, incorporate this permit
2023. into Michigan's SIP.
----------------------------------------------------------------------------------------------------------------
* U.S. Steel--Zug Island Boilerhouse 2 shall emit less than 750.00 lbs/hr unless Boilerhouse 1, A1 Blast
Furnace, B2 Blast Furnace, D4 Blast Furnace, A/B Blast Furnace Flares, or D Furnace Flare is operating, in
which case it shall emit less than 81.00 lbs/hr. In addition to the limit, this permit requires a new 170-foot
stack to be constructed for Boilerhouse 2 by November 14, 2024.
** The limit for Trenton Channel is expressed as a 30-day average limit, and the limits for Cleveland-Cliffs
Steel Corporation and DIG are expressed as daily average limits. EPA's FIP proposal addresses the use of these
longer-term average limits, both with respect to the general suitability of using such limits for
demonstrating attainment and with respect to whether the particular limits included in the plan have been
suitably demonstrated to provide for attainment.
Because Michigan's plan relies on the same modeling analysis that
supports EPA's FIP and contains emission limits and associated
requirements that are equally as stringent as EPA's FIP, EPA is
proposing that Michigan's plan provides for attainment of the 1-hour
primary SO2 NAAQS.
IV. Review of Other Plan Requirements
A. RACM/RACT
CAA section 172(c)(1) states that nonattainment plans shall provide
for the implementation of all RACM as expeditiously as practicable
(including such reductions in emissions from existing sources in the
area as may be obtained through the adoption, at a minimum, of RACT)
and shall provide for attainment of the NAAQS by the applicable
attainment date. For most criteria pollutants, RACT is control
technology as needed to meet the NAAQS that is reasonably available
considering technological and economic feasibility. However, the
definition of RACT for SO2 is, simply, that control
technology which is necessary to achieve the NAAQS (see 40 CFR
51.100(o)). CAA section 172(c)(6) requires plans to include enforceable
emissions limitations, and such other control measures as may be
necessary or appropriate to provide for attainment of the NAAQS by the
applicable attainment date.
In its March 19, 2021, rulemaking, EPA disapproved Michigan's 2016
attainment plan because it relied on Rule 430, which was invalidated in
state court and so was no longer an available enforcement mechanism.
Therefore, the plan could not be considered to provide an appropriate
attainment demonstration, and it did not demonstrate RACM/RACT or meet
the requirement for necessary enforceable emissions limitations or
control measures.
EPA's FIP for attaining the 1-hour primary SO2 NAAQS in
the Detroit area was based on a variety of measures, including permits
for Carmeuse Lime (effective date of October 1, 2018) and DTE Trenton
Channel (effective date of January 1, 2017) that have been incorporated
into Michigan's SIP, as well as the FIP regulatory language, codified
at 40 CFR 52.1189, regarding U.S. Steel, EES Coke, Cleveland-Cliffs
Steel Corporation, and DIG emissions. The FIP requires compliance by
November 14, 2024, for U.S. Steel Boilerhouse 2 and November 14, 2022,
for all other units. The compliance schedule for U.S. Steel Boilerhouse
2 includes time for the State of Michigan to issue the permit
(completed on September 26, 2023), the owner or operator to send out
requests for proposal and award a construction contract and procure
materials, and for completion of construction. Since Michigan's plan
follows the same compliance schedule by requiring compliance on the
same dates as the FIP, EPA proposes to determine that these measures
suffice to provide for attainment and proposes to conclude that
Michigan's plan satisfies the requirement in sections 172(c)(1) and (6)
to adopt and submit all RACM/RACT and enforceable emissions limitations
or control measures as needed to attain the standards as expeditiously
as practicable.
[[Page 80444]]
B. Reasonable Further Progress (RFP)
Section 171(1) of the CAA defines RFP as such annual incremental
reductions in emissions of the relevant air pollutant as are required
by part D or may reasonably be required by EPA for the purpose of
ensuring attainment of the applicable NAAQS by the applicable
attainment date. This definition is most appropriate for pollutants
that are emitted by numerous and diverse sources, where the
relationship between any individual source and the overall air quality
is not explicitly quantified, and where the emission reductions
necessary to attain the NAAQS are inventory-wide. (See EPA's April 2014
SO2 nonattainment planning guidance, page 40.) For
SO2, there is usually a single ``step'' between pre-control
nonattainment and post-control attainment. Therefore, for
SO2, with its discernible relationship between emissions and
air quality, and significant and immediate air quality improvements,
RFP is best construed as adherence to an ambitious compliance schedule.
See General Preamble at 74 FR 13547 (April 16, 1992).
In its March 19, 2021, rulemaking, EPA concluded that Michigan had
not satisfied the requirement in section 172(c)(2) to provide for RFP
toward attainment. Michigan's 2016 attainment plan did not demonstrate
that the implementation of the control measures required under the plan
were sufficient to provide for attainment of the NAAQS in the Detroit
SO2 nonattainment area, as some control measures were not
enforceable due to the invalidation of Rule 430. Therefore, a
compliance schedule to implement those controls was not sufficient to
provide for RFP. EPA's FIP requires compliance by November 14, 2024,
for U.S. Steel Boilerhouse 2 and November 14, 2022, for all other
units. As described in section IV.A above, the 2-year compliance
schedule for U.S. Steel Boilerhouse 2 includes time for the State of
Michigan to issue the permit (completed on September 26, 2023), the
owner or operator to send out requests for proposal and award a
construction contract and procure materials, and for completion of
construction. For DTE Trenton Channel and Carmeuse lime, compliance was
required by January 1, 2017, and October 1, 2018, respectively. EPA
concluded in the FIP that this is an ambitious compliance schedule, as
that term is used in the April 2014 guidance for SO2
nonattainment plans. As Michigan's plan follows the same compliance
schedule as the FIP, EPA concludes that this plan therefore provides
for RFP in accordance with the approach to RFP described in EPA's 2014
guidance.
C. Contingency Measures
EPA guidance describes special features of SO2 planning
that influence the suitability of alternative means of addressing the
requirement in section 172(c)(9) for contingency measures for
SO2, such that in particular an appropriate means of
satisfying this requirement is for the air agency to have a
comprehensive enforcement program that identifies sources of violations
of the SO2 NAAQS and to undertake an aggressive follow-up
for compliance and enforcement. See EPA's April 2014 SO2
nonattainment planning guidance, page 41.
Michigan has such an enforcement program, pursuant to section 5526
of part 55, Air Pollution Control, of the Natural Resources and
Environmental Protection Act, 1994 PA 451, as amended, Michigan
Compiled Laws 324.5526. Michigan enforcement and compliance authority
is furthered by the State's title V program, which includes a
compliance monitoring program, periodic inspections, review of company
monitoring records, reporting, and issuance of violation notices for
all violations shown from inspections or data. In addition, Michigan
stated in its December 2022 submittal that it responds promptly to
citizen complaints, reports all high priority violations to EPA, and
puts all inspection reports and violation notices on Michigan's
website. Therefore, EPA proposes that Michigan's plan satisfies the
contingency measure requirement in accordance with the approach to
contingency measures described in EPA's 2014 guidance.
V. What action is EPA taking?
EPA is proposing to approve Michigan's revised SIP submission,
which the State submitted to EPA on December 20, 2022, and supplemented
on February 21, 2023, December 14, 2023, and April 2, 2024, for
attaining the 2010 1-hour SO2 NAAQS for the Detroit area and
for meeting other nonattainment area planning requirements of CAA
sections 110, 172, 179 and 192. This SO2 attainment plan
includes Michigan's attainment demonstration for the Detroit area. The
plan also addresses requirements for RFP, RACT/RACM, enforceable
emission limitations and control measures, and contingency measures.
EPA previously concluded that Michigan has addressed the requirements
for emissions inventories for the Detroit area and nonattainment area
NSR. EPA has determined that Michigan's Detroit SO2
attainment plan meets applicable requirements of sections 110, 172,
179, and 192 of the CAA.
Michigan's Detroit SO2 attainment plan is based on the
Carmeuse Lime emission limits specified in Permit to Install 193-14A,
the DTE Trenton Channel emission limits specified in Permit to Install
125-11C, the U.S. Steel limits specified in Permit to Install 110-23
and Permit to Install 108-23, the EES Coke emission limits specified in
Permit to Install 51-08C, the Cleveland-Cliffs Steel Corporation
emission limits specified in Permit MI-ROP-A8640-2016a, and the DIG
emission limits specified in Permit 253-02A and Permit to Install 109-
23. The Carmeuse Lime and DTE Trenton Channel permits have already been
incorporated into Michigan's SIP, so EPA is not proposing to re-
incorporate them into 40 CFR part 52 here.
EPA is proposing to incorporate Permit to Install 110-23 and Permit
to Install 108-23, governing U.S. Steel SO2 emissions;
Permit to Install 51-08C, governing EES Coke SO2 emissions;
Permit MI-ROP-A8640-2016a, governing Cleveland-Cliffs Steel Corporation
SO2 emissions; and Permit to Install 109-23 and the cover
sheet, section 5.1d (SO2 emission limit), and sections 5.2-
5.10 (Special Conditions) of Permit 253-02A, governing DIG
SO2 emissions into Michigan's SIP in this action.
EPA is taking public comments for thirty days following the
publication of this proposed action in the Federal Register. EPA will
take all comments into consideration in the final action.
VI. Incorporation by Reference
In this rule, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Michigan Permit to Install 110-23, effective September 26,
2023; Permit to Install 108-23, effective November 14, 2024; Permit to
Install 51-08C, effective November 21, 2014; Permit MI-ROP-A8640-2016a,
modified January 19, 2017; Permit to Install 109-23, effective
September 26, 2023; and the cover sheet, section 5.1d (SO2
emission limit), and sections 5.2-5.10 (Special Conditions) of Permit
253-02A, discussed in section III of this preamble. EPA has made, and
will continue to make, these documents generally available through
www.regulations.gov and at the EPA Region 5 Office (please contact the
person identified in the FOR
[[Page 80445]]
FURTHER INFORMATION CONTACT section of this preamble for more
information).
VII. 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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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.
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).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
EPA defines EJ as ``the fair treatment and meaningful involvement of
all people regardless of race, color, national origin, or income with
respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.'' EPA further defines
the term fair treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies.''
Michigan did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this action. Due to the nature of
the action being taken here, this action is expected to have a neutral
to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving EJ for communities with EJ concerns.
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: September 18, 2024.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2024-21896 Filed 10-2-24; 8:45 am]
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