[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Rules and Regulations]
[Pages 39034-39037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18474]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MI69-01-7277a; FRL-6357-3]
Approval and Promulgation of State Implementation Plans; Michigan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving several rule revisions and rescissions
for incorporation into Michigan's State Implementation Plan (SIP). The
Michigan Department of Environmental Quality (MDEQ) submitted these
revisions on August 20, 1998 and supplemented them with a November 3,
1998, letter. They include revisions to degreasing, perchloroethylene
dry cleaning, petroleum refinery, synthetic organic chemical
manufacturing, and delivery vessel loading rules, and a number of rule
rescissions.
DATES: This direct final rule is effective on September 20, 1999,
without further notice, unless EPA receives adverse comment by August
20, 1999. If adverse comment is 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: You may send written comments to: Carlton T. Nash, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), United
States Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Copies of the SIP revision and EPA's analysis are available for
inspection at the following location: United States Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. (Please telephone Kathleen
D'Agostino at (312) 886-1767 before visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Regulation Development Section (AR-18J), Air Programs Branch,
Air and Radiation Division, United States Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312) 886-1767.
SUPPLEMENTARY INFORMATION:
A. Background Information
B. Contents of State Submittal
C. EPA's Evaluation of State Submittal and Final Action
A. Background Information
On August 20, 1998, the MDEQ submitted to EPA a proposed revision
to the Michigan SIP. MDEQ supplemented this revision with a November 3,
1998, letter from Robert Irvine. This submittal included revisions to
degreasing, perchloroethylene dry cleaning, petroleum refinery,
synthetic organic chemical, and delivery vessel loading rules, as well
as a number of rule rescissions. These rule revisions and rescissions
are described briefly below. This rulemaking action does not address
the following rules, which were also part of Michigan's SIP submittal:
R 336.1118, R 336.1122(f), R 336.1278, R 336.1283 to R 336.1287, and R
336.1290. We will address the remaining rule revisions in separate
rulemaking actions.
B. Contents of State Submittal
The following is a brief description of the sections of the SIP
revision that we are addressing in this rulemaking action.
R 336.1611 to R 336.1614 and R 336.1707 to R 336.1710--These rules
address existing and new cold cleaner and degreaser equipment. Michigan
is proposing to revise these rules to exempt sources subject to the
Halogenated Solvent Cleaner National Emission Standards for Hazardous
Air Pollutants from the provisions of the respective rules.
R 336.1619--The State has replaced this rule with the National
Emission Standard for Hazardous Air Pollutants for Perchloroethylene
Dry Cleaners, and therefore proposes to remove this rule from the SIP.
R 336.1622--The proposed revision to this rule allows sources to
comply by complying with EPA's Standards of Performance for Equipment
Leaks of Volatile Organic Compound in Petroleum Refineries.
R 336.1628--The proposed revision to this rule allows sources to
comply by complying with EPA's Standards of
[[Page 39035]]
Performance for Equipment Leaks of Volatile Organic Compound in
Synthetic Organic Chemicals Manufacturing Industry.
R 336.1651--The State proposes to add to the SIP a rule for
degreasers that incorporates the Halogenated Solvents Cleaning National
Emission Standard for Hazardous Air Pollutants.
R 336.1706--The state has removed the word ``new'' in the text of
this rule which applies to the loading of delivery vessels with VOCs.
R 336.91 to R 336.97--The State has rescinded these rules, because
the State deleted the statute providing for a suspension of state
enforcement and replaced it with provisions for delegating authority to
a local pollution control agency. This rendered these rules obsolete.
R 336.601 to R 336.603--These Vehicle Inspection and Maintenance
Rules reference a law no longer in existence. The State has rescinded
these rules as obsolete.
R 336.1373--The State has rescinded this rule pertaining to
fugitive dust because it has been superseded by Section 5525 of Act 451
of the Public Acts of 1994, as amended.
R 336.1501 to R 336.1507--The State has rescinded these rules
pertaining to extending sulfur dioxide compliance dates for power
plants. These compliance dates have now passed, and the rules to which
they pertain have been fully implemented.
R 336.1603--The State has rescinded this rule, which establishes
compliance dates for regulations relating to VOC emissions. These
compliance dates have now passed, and the rules to which they pertain
have been fully implemented.
R 336.2010--The State has rescinded this rule because it describes
a test method that is not applicable to any current emission limit.
R 336.2199(c)--The State has rescinded this subsection, which
refers to sources scheduled to be shut down by October 1980.
R 336.2601--The State has rescinded this rule describing the make-
up of the Air Pollution Control Commission, which is no longer in
existence.
R 336.2602 to R 336.2605--The State has rescinded these rules
describing the organization, procedures and meeting schedule of the Air
Pollution Control Commission, which is no longer in existence.
R 336.2608--The State has rescinded this rule which describes the
involvement of the now defunct Air Pollution Control Commission in
public and contested case hearings.
R 336.2301 to R 336.2308--These rules pertain to air pollution
episodes. The rules have never been used to declare an episode as the
requirements for declaration have never been reached. Further, the
highest monitored concentration of the air contaminants is far below
the concentrations required to declare episodes. Therefore, the State
has rescinded these rules.
C. EPA's Evaluation of State Submittal and Final Action
EPA finds all of these revisions and rescissions acceptable.
Therefore, we are approving the following rules for incorporation into
Michigan's SIP: R 336.1611, R 336.1612, R 336.1613, R 336.1614, R
336.1619, R 336.1622, R 336.1628, R 336.1651, R 336.1706, R 336.1707, R
336.1708, R 336.1709 and R 336.1710. We are also approving the removal
of the following rules from Michigan's SIP: R 336.91, R 336.92, R
336.93, R 336.94, R 336.95, R 336.96, R 336.97, R 336.601, R 336.602, R
336.603, R 336.1373, R 336.1501, R 336.1502, R 336.1503, R 336.1504, R
336.1505, R 336.1506, R 336.1507, R 336.1603, R 336.2010, R
336.2199(c), R 336.2601, R 336.2602, R 336.2603, R 336.2604, R
336.2605, R 336.2608, R 336.2301, R 336.2302, R 336.2303, R 336.2304, R
336.2305, R 336.2306, R 336.2307, and R 336.2308.
We are publishing this action without prior proposal because we
view this as a noncontroversial revision and anticipate no adverse
comments. However, in a separate document in this Federal Register
publication, we are proposing to approve the State Plan if someone
files adverse written comments. This action will be effective without
further notice unless we receive relevant adverse written comment by
August 20, 1999. Should we receive such comments, we will publish a
final rule informing the public that this action will not take effect.
Any parties interested in commenting on this action should do so at
this time. If we do not receive adverse comments, this action will be
effective on September 20, 1999.
D. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, EPA must provide to the OMB a
description of the extent of EPA's prior consultation with
representatives of affected State, local and tribal governments, the
nature of their concerns, copies of any written communications from the
governments, and a statement supporting the need to issue the
regulation. In addition, E.O. 12875 requires EPA to develop an
effective process permitting elective officials and other
representatives of State, local and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.'' This rule does not create a
mandate on state, local or tribal governments. The rule does not impose
any enforceable duties on these entities. Accordingly, the requirements
of section 1(a) of E.O. 12875 do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered
by the Agency.
This rule is not subject to E.O. 13045 because it is does not
involve decisions intended to mitigate environmental health or safety
risks.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If the mandate is unfunded,
EPA must provide to the OMB, in a separately identified section of the
preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a
[[Page 39036]]
statement supporting the need to issue the regulation. In addition,
E.O. 13084 requires EPA to develop an effective process permitting
elected officials and other representatives of tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.'' This rule does not significantly or uniquely affect the
communities of Indian tribal governments. Accordingly, the requirements
of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air Act (CAA) do not
create any new requirements but simply approve requirements that the
State is already imposing. Therefore, because the Federal SIP approval
does not create any new requirements, I certify that this action will
not have a significant economic impact on a substantial number of small
entities. Moreover, due to the nature of the Federal-State relationship
under the CAA, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.
7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated annual costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.
G. Submission to Congress and the Comptroller General
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 the 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 rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
H. Petitions for Judicial Review
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 September 20, 1999. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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.
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, Carbon dioxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Ozone, Particulate matter, Reporting and recordkeeping requirements,
Sulfur oxides, Volatile organic compounds.
Dated: May 28, 1999.
Francis X. Lyons,
Regional Administrator, Region 5.
For the reasons stated in the preamble, part 52, chapter I, title
40 of the Code of Federal Regulations is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart X--Michigan
2. Section 52.1170 is amended by adding paragraph (c)(112) to read
as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(c) * * *
(112) The Michigan Department of Environmental Quality (MDEQ)
submitted a revision to Michigan's State Implementation Plan (SIP) on
August 20, 1998, and supplemented it on November 3, 1998. The revision
removed from the SIP the following rules, which the State rescinded
effective May 28, 1997: R 336.91 Purpose; R 336.92 Suspension of
enforcement; requests by local agencies; R 336.93 Local agency
requirements prior to suspension of enforcement; R 336.94 Commission
public hearings on applications; R 336.95 Suspension of enforcement;
procedures and public notice; R 336.96 Suspension of enforcement;
conditions; R 336.97 Commission review of local agency programs;
renewal of suspended enforcement; R 336.601 Affected counties and
areas; R 336.602 Attainment of national ambient air quality standards;
exemption from inspection and maintenance program requirements; R
336.603 Ozone and carbon monoxide attainment status determination; R
336.1373 Fugitive dust control requirements; areas listed in table 36;
R 336.1501 Emission limits; extension of compliance date past January
1, 1980, generally; R 336.1502 Application; copies; R 336.1503
Application; contents; R 336.1504 Denial of request for extension past
January 1, 1980; R 336.1505 Grant of extension past January 1, 1980; R
336.1506 Receipt of full and complete application; public notice;
inspection; public hearing; R 336.1507 Modification or revocation of
order granting extension; immediate effect; R 336.1603 Compliance
program; R 336.2010 Reference test method 5A; R 336.2199(c); R 336.2601
Organization; R 336.2602 Offices and meetings; R
[[Page 39037]]
336.2603 Documents available for inspection and copying; R 336.2604
Document inspection and copying procedures; tape recording
transcriptions; R 336.2605 Functions; R 336.2608 Hearings and informal
conferences; R 336.2301 Definition of air pollution episode; R 336.2302
Definition of air pollution forecast; R 336.2303 Definition of air
pollution alert; R 336.2304 Definition of air pollution warning; R
336.2305 Definition of air pollution emergency; R 336.2306 Declaration
of air pollution episodes; R 336.2307 Episode emission abatement
programs; and R 336.2308 Episode orders. The rules incorporated below
contain revisions to degreasing, perchloroethylene dry cleaning,
petroleum refinery, synthetic organic chemical manufacturing, and
delivery vessel loading rules.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
(A) R 336.1611 Existing cold cleaners, effective June 13, 1997.
(B) R336.1612 Existing open top vapor degreasers, effective June
13, 1997.
(C) R 336.1613 Existing conveyorized cold cleaners, effective June
13, 1997.
(D) R 336.1614 Existing conveyorized vapor degreasers, effective
June 13, 1997.
(E) R 336.1619 Standards for perchloroethylene dry cleaning
equipment, effective June 13, 1997.
(F) R 336.1622 Emission of volatile organic compounds from existing
components of petroleum refineries; refinery monitoring program,
effective June 13, 1997.
(G) R 336.1628 Emission of volatile organic compounds from
components of existing process equipment used in manufacturing
synthetic organic chemicals and polymers; monitoring program, effective
June 13, 1997.
(H) R 336.1651 Standards for Degreasers, effective June 13, 1997.
(I) R 336.1706 Loading delivery vessels with organic compounds
having a true vapor pressure of more than 1.5 psia at new loading
facilities handling 5,000,000 or more gallons of such compounds per
year, effective June 13, 1997.
(J) R 336.1707 New cold cleaners, effective June 13, 1997.
(K) R 336.1708 New open top vapor degreasers, effective June 13,
1997.
(L) R 336.1709 New conveyorized cold cleaners, effective June 13,
1997.
(M) R 336.1710 New conveyorized vapor degreasers, effective June
13, 1997.
[FR Doc. 99-18474 Filed 7-20-99; 8:45 am]
BILLING CODE 6560-50-P
