[Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17604]
[[Page Unknown]]
[Federal Register: July 26, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MI28-01-6328a-FRL-5014-9]
Approval and Promulgation of Implementation Plan; Michigan
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Final rule.
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SUMMARY: The United States Environmental Protection Agency is approving
Michigan's 1990 base year ozone (O3) emission inventory for the
Grand Rapids and Muskegon nonattainment areas (NAAs) submitted as a
revision to the Michigan State Implementation Plan (SIP) for O3.
Michigan's O3 NAAs are the counties of Muskegon, and the two
county Grand Rapids area (which are the counties of Kent and Ottawa).
The inventory was submitted by the State of Michigan to satisfy a
requirement that those States containing O3 nonattainment areas
(NAAs) classified as marginal to extreme to submit inventories of
actual O3 season and emissions from all sources in accordance with
USEPA guidance.
The rationale for the approval is set forth in this final rule;
additional information is available at the address indicated below in
the supporting Technical Support Document (TSD).
DATES: This final rule will be effective September 26, 1994 unless
notice is received by August 25, 1994 that someone wishes to submit
adverse comments. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Copies of the SIP revision and USEPA's analyses are
available for inspection at the following address: (It is recommended
that you telephone Jeanette Marrero at (312) 886-6543 before visiting
the Region 5 Office).
United States Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Written comments can be mailed to Carlton T. Nash, Chief,
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), United States Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Jeanette Marrero, (312) 886-6543.
SUPPLEMENTARY INFORMATION:
I. Background
Under the Clean Air Act as amended (including 1990 Amendments) (the
Act), States have the responsibility to inventory emissions
contributing to the National Ambient Air Quality Standards (NAAQS)
nonattainment, to track these emissions over time, and to ensure that
control strategies are being implemented that reduce emissions and move
areas towards attainment. Section 182(b) of the Act, 42 U.S.C.
7511a(b)(1), requires O3 NAAs designated as moderate, serious,
severe, and extreme to submit a plan within 3 years after 1990 to
reduce VOC emissions by 15 percent within 6 years after 1990. The
baseline level of emissions, from which the 15 percent reduction is
calculated, is determined by adjusting the base year inventory to
exclude biogenic emissions and to exclude certain emission reductions
not creditable towards the 15 percent. The 1990 base year emissions
inventory is the primary inventory from which the periodic inventory,
the Reasonable Further Progress projection inventory, and the modeling
inventory are derived. See General Preamble to title I, 57 FR 13502
(April 16, 1992). Further information on these inventories and their
purpose can be found in the ``Emission Inventory Requirements for Ozone
State Implementation Plans,'' United States Environmental Protection
Agency, Office of Air Quality Planning and Standards (OAQPS), Research
Triangle Park, North Carolina (March 1991).
The air quality planning requirements for marginal to extreme
O3 NAAs are set out in section 182(a)-(e) of the Act. The General
Preamble to Title I of the Act describes the basis for reviewing SIP
revisions submitted under Title I of the Act, including requirements
for the preparation of the 1990 base year inventory. See 57 FR 13502
(April 16, 1992) and 57 FR 18070 (April 28, 1992). A more detailed
discussion of the interpretations of Title I of the Act, as well as
detailed policy guidance on the development of the emission inventory
is contained in the General Preamble. See 57 FR 18070, Appendix B
(April 28, 1992).
Those States containing O3 NAAs classified as marginal to
extreme are required under section 182(a)(1) of the Act to submit a
final, comprehensive, accurate, and current inventory of actual O3
season and weekday emissions from all sources within 2 years of
enactment (November 15, 1992). The inventory must include both
anthropogenic (man-made) and biogenic (natural) sources of volatile
organic compounds (VOCs), nitrogen oxides (NOX), and carbon
monoxide (CO). The inventory is to address actual VOCs, NOX, and
CO emissions for the area during peak O3 season, which is
generally comprised of the summer months. All stationary point and area
sources, as well as highway mobile sources within the nonattainment
area, are to be included in the compilation. Available guidance for
preparing emission inventories is provided in the General Preamble. See
57 FR 13498 (April 16, 1992).
Summary of the SIP Revision and Criteria in This Notice Action
A. Procedural Background
USEPA must determine whether a submittal is complete and therefore
warrants further USEPA review and action. See section 110(k)(1) and 57
FR
13565 (April 16, 1992). USEPA's completeness criteria for SIP
submittals are set out at 40 CFR Part 51, Appendix V (1991), as amended
by 57 FR 42216 (August 26, 1991). USEPA attempts to make completeness
determinations within 60 days of receiving a submission. However, a
submittal is deemed complete by operation of law if a completeness
determination is not made by USEPA 6 months after receipt of the
submission.
The emission inventory was adopted by the State and signed by the
Governor's designee on January 4, 1993 and submitted to USEPA on
January 5, 1993, as a proposed revision to the SIP. USEPA reviewed
Michigan's emission inventory to determine completeness shortly after
its submittal, in accordance with the completeness criteria set out at
40 CFR Part 51, Appendix V (1991), as amended by 57 FR 42216 (August
26, 1991). USEPA found the January 5, 1993 submittal to be complete on
March 4, 1993, and sent a letter dated March 16, 1993 to the State
indicating that the submittal was complete with the exception of
evidence of a public hearing.
The State of Michigan held a public hearing on August 2, 1993 to
hear public comment on the 1990 base year emission inventory for Grand
Rapids and Muskegon nonattainment areas and certified the hearing to
the USEPA in a submittal on November 15, 1993. Supplemental information
was also submitted to USEPA on November 29, 1993 in response to USEPA's
preliminary comments on the inventory.
After reviewing the evidence of the public hearing USEPA sent a
letter dated January 7, 1994 to Roland Harmes, Director, Michigan
Department of Natural Resources (MDNR), indicating the completeness of
the submittal and the next steps to be taken in the review process.
When reviewing the final inventory, USEPA used the Level I, II, and
III, O3 nonattainment inventory quality review checklists provided
by the OAQPS to determine the acceptance and approvability of the final
emission inventory.
Level I is essentially the initial level of broad review that USEPA
perform in order to determine if the inventory preparation guidance
requirements found in the report ``Emission Inventory Requirements for
Ozone State Implementation Plans'' (EPA-450/4-91-011) have been met.
The Level II review addresses completeness, procedures and consistency
for each of the four general source types in the inventory: stationary
point and area sources, highway mobile sources, and non-highway mobile
sources. The data quality is also evaluated.
The Level III review process is outlined here and consists of 10
points that the inventory must include. For a base year emission
inventory to be acceptable, it must meet all of the following criteria:
1. An approved Inventory Preparation Plan (IPP) was provided and
the Quality Assurance program contained in the IPP was performed and
its implementation documented.
2. Adequate documentation was provided that enabled the reviewer to
determine the emission estimation procedures and the data sources used
to develop the inventory.
3. The point source inventory must be complete.
4. Point source emissions must have been prepared or calculated
according to the current USEPA guidance.
5. The area source inventory must be complete.
6. The area source emissions must have been prepared or calculated
according to the current USEPA guidance.
7. Biogenic emissions must have been prepared according to current
USEPA guidance or another approved technique.
8. The method used to develop VMT estimates must follow USEPA
guidance, which is detailed in the document, ``Procedures for Emission
Inventory Preparation, Volume IV: Mobile Sources'', United States
Environmental Protection Agency, Office of Mobile Sources and OAQPS,
Ann Arbor, Michigan, and Research Triangle Park, North Carolina
(December 1992). The VMT development methods were adequately described
and documented in the inventory report.
9. The MOBILE model was correctly used to produce emission factors
for each of the vehicle classes.
10. Non-road mobile emissions were prepared according to current
EPA guidance for all of the source categories.
The base year emission inventory will be approved if it passes
Levels I, II, and III of the review process. Detailed Level I and II
review procedures can be found in the following document: ``Quality
Review Guidelines for 1990 Base Year Emission Inventories,'' United
States Environmental Protection Agency, OAQPS, Research Triangle Park,
NC, (August 1992). Level III review procedures are specified in a
memorandum from David Mobley and G.T. Helms to the Regions entitled
``1990 O3/CO SIP Emission Inventory Level III Acceptance
Criteria'', October 7, 1992, and revised in a memorandum from John
Seitz, Director of OAQPS, to the Regional Air Directors, dated June 24,
1993.
USEPA completed the Level I and II checklists finding that the
State followed USEPA guidance, and submitted an acceptable emission
inventory. Further information on the procedures followed by USEPA in
completing the review, and the answers to the checklists questions are
available in the TSD.
After completing the Level III review, USEPA found that the State
of Michigan adequately addressed USEPA criteria for providing an
acceptable inventory of actual emissions in the O3 NAAs. A more
detailed discussion of the Level III checklist is also included in the
TSD.
B. Emission Inventory Analysis
The State of Michigan has met the requirements of section 182(a)(1)
of the Act by submitting an O3 SIP revision that includes a
comprehensive, accurate, and current inventory of actual emissions from
all sources of relevant pollutants in the NAAs, classified marginal to
extreme. This section of the notice describes the adequacy of
Michigan's inventory of actual emissions as required by section
182(a)(1).
The State of Michigan Department of Natural Resources submitted a
1990 base year emission inventory for the two areas designated
nonattainment for O3. Michigan's 2 moderate nonattainment areas
for O3 include a total of 3 counties: Muskegon County, and 2 Grand
Rapids counties: Kent and Ottawa. The nonattainment boundaries for
these areas are described in Federal Register notices dated November 6,
1991 (56 FR 56778-56779), and November 30, 1992 (57 FR 56771).
The emissions inventory contains stationary point and area sources,
highway (on-road) and non-highway (or non-road) mobile sources, and
biogenic sources within the NAA. Emissions from these groupings of
emission source types for the two O3 NAAs are presented below in
the following tables by pollutant (VOC, CO, NOX), in units of tons
per summer weekday:
Daily VOC Emissions From All Sources
[Tons/Summer Weekday]
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Point On-road Non-road
Ozone NAA source Area source source source Biogenic Total
emissions emissions emissions emissions emissions emissions
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Grand Rapids...................... 41.52 39.31 52.36 23.04 47.06 199.29
Muskegon.......................... 7.28 9.60 13.54 8.77 20.19 58.53
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Daily CO Emissions From All Sources
[Tons/Summer Weekday]
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Point On-road Non-road
Ozone NAA source Area source source source Total
emissions emissions emissions emissions emissions
----------------------------------------------------------------------------------------------------------------
Grand Rapids................................... 6.17 9.16 444.75 123.61 583.69
Muskegon....................................... 9.27 1.33 114.80 36.50 161.90
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Daily NOX Emissions From All Sources
[Tons/Summer Weekday]
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Point On-road Non-road
Ozone NAA source Area source source source Total
emissions emissions emissions emissions emissions
----------------------------------------------------------------------------------------------------------------
Grand Rapids................................... 117.58 13.96 65.82 16.47 213.83
Muskegon....................................... 17.30 0.60 15.39 3.76 37.05
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In developing these emission estimates, MDNR followed methodologies
recommended by USEPA for the preparation of O3 inventories.
Information on methods used to determine each of the above source
category groupings is presented in the TSD.
II. Final Rulemaking Action
USEPA approves the 1990 base year O3 emission inventory as
meeting the requirements of section 182(a)(1) of the Act, as a revision
to the O3 SIP for the Muskegon and Grand Rapids areas in Michigan
designated as nonattainment, classified moderate. These areas include
counties of Muskegon, Kent, and Ottawa.
Because USEPA considers this action noncontroversial and routine,
we are approving it without prior proposal. This action will become
effective on September 26, 1994. However, if we receive adverse
comments by August 25, 1994, then USEPA will: (1) publish a document
that withdraws the final action; and (2) address the comments received
in a subsequent final rule based on the proposed action published in
the Proposed Rules section of this Federal Register. The public comment
period will not be extended or reopened.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. U.S.C. 603 and 604.
Alternatively, USEPA may certify 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 government entities with jurisdiction over populations
of less than 50,000.
The SIP approvals under section 110 and subchapter I, part D of the
Act do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on small entities affected. Moreover, due
to the nature of the Federal-State relationship under the Act,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
Act forbids USEPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976).
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225). On January 6, 1989 the Office of
Management and Budget (OMB) waved Table 2 and Table 3 SIP revisions (54
FR 2222) from the requirements of section 3 of Executive Order (EO)
12291 for a period of 2 years. The USEPA has submitted a request for a
permanent waiver for Table 2 and 3 SIP revisions. The OMB has agreed to
continue the waiver until such time of USEPA's request. This request
continues in effect under EO 12866 which superseded EO 12291, on
September 30, 1993.
Nothing in this action should be constructed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to any SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Nitrogen dioxide, and Volatile organic compounds.
Dated: June 14, 1994.
Valdas V. Adamkus,
Regional Administrator.
40 CFR Part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7642.
Subpart X--Michigan
2. Section 52.1174 is amended by adding paragraph (c) to read as
follows:
Sec. 52.1174 Control strategy: Ozone.
* * * * *
(c) Approval--On January 5, 1993, the Michigan Department of
Natural Resources submitted a revision to the ozone State
Implementation Plan (SIP) for the 1990 base year inventory. The
inventory was submitted by the State of Michigan to satisfy Federal
requirements under section 182(a)(1) of the Clean Air Act as amended in
1990 (the Act), as a revision to the ozone SIP for the Grand Rapids and
Muskegon areas in Michigan designated nonattainment, classified as
moderate. These areas include counties of Muskegon, and the two county
Grand Rapids area (which are the counties of Kent and Ottawa).
* * * * *
[FR Doc. 94-17604 Filed 7-25-94; 8:45 am]
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