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Approval and Promulgation of Air Quality Implementation Plans; Michigan
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 5, 2006 (Volume 71, Number 3)]
[Proposed Rules]
[Page 577-579]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja06-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2005-MI-0001; FRL-8019-4]
Approval and Promulgation of Air Quality Implementation Plans; Michigan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve Michigan's request for a revision
to its Clean Air Act State Implementation Plan which provides for
exemptions for major sources of nitrogen oxides (NOX) from
the Reasonably Available Control Technology (RACT) and New Source
Review (NSR) requirements for NOX. The review is for sources
in eleven counties located in six of Michigan's eight-hour ozone non-
attainment areas. Section 182(f) of the Clean Air Act allows this
exemption for areas where additional reductions in NOX will
not contribute to attainment of the National Ambient Air Quality
Standard (NAAQS) for ozone. We are proposing approval of the exemption
for each of the six non-attainment areas.
DATES: Comments must be received on or before February 6, 2006.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2005-MI-0001, by one of the following methods:
? http://www.regulations.gov: 
Follow the on-line
instructions for submitting comments.
? E-mail: mooney.john@epa.gov.
? Fax: (312) 886-5824.
? Mail: John M. Mooney, Chief, Criteria Pollutant Section,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
? Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
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's normal hours
of operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office's official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2005-MI-0001. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov
or e-mail. The http://www.regulations.gov Web site is
an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of your
comment. If you send an e-mail comment directly to EPA without going
through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is placed
in the public docket and made available on the Internet. If you submit an
electronic comment, EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be able
to consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional instructions on submitting comments, go to
Section I of the SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Matt Rau, Environmental Engineer, at (312)
886-6524 before visiting the Region 5 office.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What Should I Consider as I Prepare My Comments for EPA?
[[Page 578]]
II. What Is EPA's Analysis of the Supporting Materials?
III. What Are the Environmental Effects of These Actions?
IV. What Action Is EPA Taking Today?
V. Statutory and Executive Order Reviews
I. What Should I Consider as I Prepare My Comments for EPA?
A. Submitting CBI
Do not submit this information to EPA through http://www.regulations.gov
or e-mail. Clearly mark the part or all of the information that you
claim to be CBI. For CBI information in a disk or CD-ROM that you mail
to EPA, mark the outside of the disk or CD-ROM as CBI and then identify
electronically within the disk or CD-ROM the specific information that
is claimed as CBI. In addition to one complete version of the comment
that includes information claimed as CBI, a copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket. Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part 2.
B. Tips for Preparing Your Comments
When submitting comments, remember to:
? Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
? Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
? Describe any assumptions and provide any technical
information and/or data that you used.
? If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
? Provide specific examples to illustrate your concerns, and
suggest alternatives.
? Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
? Make sure to submit your comments by the comment period
deadline identified.
II. What Is EPA's Analysis of the Supporting Materials?
EPA's document, ``Guidance on Limiting Nitrogen Oxides Requirements
Related to 8-Hour Ozone Implementation'' gives the requirements for
demonstrating that further NOX reduction in an ozone non-
attainment area will not contribute to ozone attainment. The guidance
provides that monitoring data showing three consecutive years of ozone
levels below the NAAQS in areas in which the state has not implemented
NOX controls is adequate to demonstrate that additional
NOX reductions will not aid in attainment. As described in
the guidance document, approval of the SIP revision is granted on a
contingent basis. Michigan must continue to monitor the ozone levels in
the areas. If finalized, each of the six areas will receive its own
exemption. If an area violates the 8-hour ozone standard, as defined at
62 FR 38855, EPA will remove the exemption for that area and publish a
Federal Register notice. Upon removal of its waiver, an area will once
again be subject to NOX control requirements under section
182(f) of the Clean Air Act.
Michigan submitted the 2002-04 monitoring data for the six areas.
The eight-hour ozone concentrations for these areas were all below the
National Ambient Air Quality Standard for ozone for the entire period
covered by the monitoring. Michigan has not implemented the
NOX controls required under section 182(f) in the areas yet.
So, adding NOX controls in these areas would not help the
areas attain the 8-hour ozone standard.
III. What Are the Environmental Effects of These Actions?
Ozone decreases lung function, causing chest pain and coughing. It
can aggravate asthma, reduce lung capacity, and increase risk of
respiratory diseases like pneumonia and bronchitis. Children playing
outside and healthy adults who work or exercise outside also may be
harmed by elevated ozone levels. Ozone also reduces vegetation growth
in economically important agricultural crops and wild plants.
Nitrogen oxides and volatile organic compounds (VOC) are precursors
in ozone formation. The photochemical reactions that form ozone are
complex. Reducing NOX (NO and NO2) emissions will
not always reduce ozone levels. When the ratio of NO to VOC emissions
is high, the NO will react with ozone (O3) to form
NO2 and oxygen (O2). In this environment, the
NO2 will react with hydroxyl (OH) radicals instead of
forming ozone. Therefore, a decrease in NOX emissions would
cause an increase in ozone formation when these conditions exist. This
effect is usually localized.
The section 182(f) exemptions should not interfere with attaining
the ozone standard in the six Michigan ozone non-attainment areas. The
six areas have three consecutive years of monitoring data showing the
areas in attainment of the 8-hour ozone standard. The section 182(f)
NOX provisions have not been implemented in these areas. It
is clear that Michigan has demonstrated that additional NOX
reductions would not contribute to attainment of the ozone standard in
the six areas.
Ozone levels are expected to remain below the standard which will
protect human health. However, if quality assured monitoring data shows
that a violation of the ozone standard has occurred in one of the
areas, the exemption for that area will be removed and additional
control measures will be enacted. Upon receipt of quality-assured data
demonstrating a violation of the ozone standard, EPA will notify the
State and the public that the exemption no longer applies by publishing
a rule in the Federal Register. The section 182(f) exemption will no
longer apply as of the effective date of EPA's rule. Michigan will be
required to submit the RACT SIP for the violating area by September
2006 or by the date specified in the withdrawal notice for violations
after the SIP deadline. Major sources of NOX will then be
expected to comply with the part 182(f) requirements no later than the
first ozone season which occurs 30 months after the SIP due date. If
EPA redesignates the area to attainment prior to the violation, the
NOX sources will be required to follow the maintenance plan
provisions instead of the part 182(f) requirements.
IV. What Action Is EPA Taking Today?
EPA is proposing to approve a Michigan SIP revision request for
exemptions from the RACT and NSR NOX requirements for major
NOX sources in six of the state's eight-hour ozone non-
attainment areas. Section 182(f) of the Clean Air Act allows this
exemption for areas where the state demonstrates that additional
reductions in NOX will not contribute to attainment of the
ozone standard. Monitoring data shows the ozone levels are now below
the standard in the six areas without utilizing NOX
controls. If made final, these exemptions from the NOX
requirements in section 182(f) will be made on a contingent basis. The
state used monitoring data to demonstrate it meets the requirements for
the exemption. If an area's monitored level of ozone violates the
standard in the future, its exemption will be removed. If quality
assured monitoring data indicates that an area has violated the
standard, the EPA will notify the State that the exemption no longer
applies in that area and will inform the public with a Federal Register
rule. The section 182(f) exemption will not apply as of the effective
date of EPA's rule. Michigan will be required to submit the RACT SIP
for the violating area by
[[Page 579]]
September 2006 or by the date specified in the withdrawal notice for
violations after the SIP deadline. Major sources of NOX will
then be expected to comply with the part 182(f) requirements as
expeditiously as practical but no later than the first ozone season
which occurs 30 months after the SIP due date. In an area designated as
attainment prior to a violation, the NOX sources will follow
the maintenance plan requirements.
V. Statutory and Executive Order Reviews
Executive Order 12866; Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This proposed action merely proposes to approve state law as
meeting federal requirements and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this proposed rule will not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601, et seq.).
Unfunded Mandates Reform Act
Because this rule proposes to approve pre-existing requirements
under state law and does not impose any additional enforceable duty
beyond that required by state law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the federal government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal government and Indian tribes, as specified by Executive
Order 13175 (59 FR 22951, November 9, 2000).
Executive Order 13132: Federalism
This action also does not have federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely proposes to approve a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This proposed rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTA), 15 U.S.C. 272, requires Federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impracticable. In
reviewing program submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Absent a prior
existing requirement for the state to use voluntary consensus
standards, EPA has no authority to disapprove a program submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the Act.
Therefore, the requirements of section 12(d) of the NTTA do not apply.
Civil Justice Reform
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
Governmental Interference With Constitutionally Protected Property Rights
EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order, and has determined that the rule's
requirements do not constitute a taking.
Congressional Review Act
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. The EPA will submit a report containing this rule 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).
Paperwork Reduction Act
This proposed rule does not impose an information collection burden
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501, et seq.).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Dated: December 27, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E5-8316 Filed 1-4-06; 8:45 am]
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