[Federal Register Volume 59, Number 178 (Thursday, September 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22782]
[[Page Unknown]]
[Federal Register: September 15, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MI24-01-6259a; FRL-5054-3]
Approval and Promulgation of State Implementation Plan; Michigan;
Miscellaneous Rule Changes, Technical Changes
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: The USEPA partially approves and partially disapproves a
revision to the Michigan State Implementation Plan (SIP) incorporating
technical changes to miscellaneous air control rules. These changes are
not federally mandated, but the State has requested that USEPA
incorporate the changes into the SIP.
DATES: This final rule will be effective November 14, 1994 unless
notice is received by October 17, 1994 that someone wishes to submit
adverse comments. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Written comments should be sent to:Carlton T. Nash, Chief,
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
Copies of the SIP revision and USEPA's analysis are available for
inspection at the U.S. Environmental Protection Agency, Region V, Air
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois
60604. (It is recommended that you telephone Megan Beardsley at (312)
886-0669 before visiting the Region 5 Office.)
A copy of this SIP revision is also available at the Office of Air
and Radiation, Docket and Information Center (Air Docket 6102), Room
M1500, U.S. Environmental Protection Agency, 401 M. Street, SW.,
Washington, DC 20460, (202) 260-7548.
FOR FURTHER INFORMATION CONTACT: Megan Beardsley, Environmental
Scientist, Regulation Development Section, Air Toxics and Radiation
Branch (AT-18J), U.S. Environmental Protection Agency, Region V,
Chicago, Illinois 60604, (312) 886-0669.
SUPPLEMENTARY INFORMATION:
I. Background
On November 12, 1993 the State of Michigan requested that the USEPA
revise its SIP to incorporate a number of technical rule changes that
the State adopted in 1989. Most of these changes are minor, clarifying
rules or removing definitions of terms no longer used in Michigan law,
but some changes are more substantial.
Michigan's technical changes to miscellaneous rules were not
required by the Clean Air Act (the Act) or other Federal law or policy.
However, because the State requested that the changes be incorporated
into the SIP, USEPA must review the changes to assure that they are in
accordance with the Act.
II. Evaluation of State Submission
A. Procedural Background
The Act requires States to observe certain procedural requirements
in developing its SIP, of which the revisions will become a part.
Section 110(a)(2) of the Act provides that each implementation plan
submitted by a State must be adopted after reasonable notice and public
hearing.1 Section 110(l) similarly provides that each revision to
an implementation plan submitted by a State under the Act must have
been adopted by such State after reasonable notice and public hearing.
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\1\Also, section 172(c)(7) of the Act requires that plan
provisions for nonattainment areas meet the applicable provisions of
section 110(a)(2).
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The State of Michigan held a public hearing on June 9, 1988 to
solicit public comment on the miscellaneous rule changes. No comments
were received. Michigan submitted the proposed SIP revision to USEPA on
November 15, 1993.
The USEPA reviewed the proposed SIP revision to determine
completeness in accordance with the completeness criteria for SIP
revisions specified in 40 CFR part 51, appendix V. The USEPA found the
submittal complete, and sent a letter stating this finding to the
Governor's delegate on January 7, 1994.
B. Submittal Review
Most of the changes submitted by the State to USEPA clarified and
strengthened the SIP. These changes are described below and in EPA's
Technical Support Document for this document (M. Beardsley to Files,
May 10, 1994).
Approvable Changes:
Throughout the rules included in this package, the State has
updated and clarified references to other State rules. These changes
are acceptable.
The State has deleted the definition for ``green tire,'' (R
336.1107 (c)) and ``undertread cementing'' (R 336.1121) because the
terms are no longer used in State rules. This is acceptable. The State
has replaced the term ``potential emissions'' with ``uncontrolled
emissions'' (R336.1121) and has defined this term. The new definition
is consistent with that used by USEPA.
The State has revised a rule governing sulfur emissions (R
336.1403) to require shut-off devices for facilities that burn large
quantities of sour gas and has exempted certain sour gas storage
vessels from control requirements. The USEPA has no specific guidance
on sour gas shut-off devices, but these changes are reasonable and
acceptable revisions to the SIP.
The State has revised rules governing vapor recovery for gasoline
and other organic compounds (R 336.1606-9) to replace the term ``ozone
nonattainment area'' with ``any county listed in table 61-a,'' which is
a list of current ozone nonattainment areas. This change will make the
vapor recovery rules applicable in the counties currently designated as
nonattainment areas even after these areas are redesignated to
attainment. This change strengthens the SIP and is approvable. In R
336.1608 and 336.1609, the State also has changed the wording of the
rule to clarify that the rules apply to vapor recovery requirements at
existing facilities rather than existing delivery trucks. This is
approvable.
The State has changed the notification requirements for process
turnarounds at petroleum refineries to allow notification ``as soon as
reasonably possible'' (R 336.1616). Because USEPA has no notification
requirements for turnarounds, this change is acceptable.
The State has deleted the rule (R 336.1626) regulating VOC
emissions from rubber tire manufacturing. The State has no tire
manufacturing facilities. This deletion is acceptable.
Michigan has changed R 336.1705 to clarify that rules apply to
vapor recovery requirements at new fuel loading facilities rather than
to new delivery trucks. This is a useful and approvable change.
Michigan has changed R 336.2005 on testing and sampling to list
pressure and vacuum measurements in inches of water as well as pounds
per square inch. This change is acceptable.
Changes Requiring Disapproval:
Several of the proposed SIP revisions submitted by the State of
Michigan are not approvable by the USEPA. These changes and their
deficiencies are described below and in detail in USEPA's Technical
Support Document (M. Beardsley to Files, May 10, 1994).
(1) Michigan changed the definition of ``good engineering practice
design,'' (R 336.1107 (c)) in order to comply with Federal tall stack
policy. This general change is acceptable, subject to USEPA rulemaking
in response to the remand decision in NRDC v Thomas, 838 F.2d 1224
(D.C. Cir. 1988); but the revised rule also includes provisions for
exceptions to be made at the discretion of the State air commission (R
336.1107 (b) (iv)). Such exemptions are revisions to the SIP and, under
section 110(l) of the Act, must be submitted to USEPA for approval. For
this reason, USEPA cannot approve discretionary provisions. Since this
provision is inseparable from the rest of the definition, the entire
paragraph, R 336.1107 (b), must be disapproved.
Similarly, Michigan revised R 336.1241 (b), which includes language
requiring sources to use meteorological data from National Weather
Service stations unless they have air commission approval for the use
of other data, and Michigan revised R 336.2005 (f) to allow the use of
alternative test methods if they are approved by the air commission.
Since each of these provisions is inseparable from the rest of its
respective rule, USEPA must disapprove the entire requested revision
for both rules.
(2) The State has updated citations to USEPA's ``Guidelines on Air
Quality Models'' in R 336.1240. The guidelines have changed
substantially since the dates cited in the revised rule, making the
rule unapprovable as written. The rule also allows State discretion in
approving alternate models (R 336.1240 (2) (b). As described above,
this use of discretion is unapprovable. USEPA disapproves the State's
requested revisions for this rule.
(3) Michigan changed R 336.1706 to clarify that the rule applies to
new fuel loading facilities; however, in R 336.1706(1) the word ``new''
was retained in reference to delivery vessels. In conjunction with the
changes made in 336.1609, this wording creates an exemption from the
requirement for submerged filling for existing delivery vessels at new
facilities. This exemption is contrary to USEPA guidance (Control of
Volatile Organic Emissions from Bulk Gasoline Plants. EPA-450/2-77-035,
December 1977), and the State has provided no justification for the
exemption, which appreas to be a mistake. The rule is unapprovable.
(4) In R 336.2150, 336.2151, 336.2153, 336.2175, 336.2176, and
336.2199, the State has updated citations to USEPA performance
specifications and standards for new sources. Because the
specifications and standards have been substantially revised since the
1982 and 1983 versions cited in the revised Michigan rules, the rules
are unapprovable.
C. Action
USEPA has reviewed Michigan's proposed SIP revision incorporating
technical changes to miscellaneous rules and, as described above, has
found that some of the proposed revisions meet the requirements of the
Act and of USEPA policy, while others do not meet these requirements.
Hence, the USEPA partially approves the revision request, approving the
changes to the following Michigan Air Pollution Control Rules: R
336.1107 (except paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R
336.1607, R 336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and
R 336.1705.
Likewise, USEPA disapproves the State's request to incorporate into
the SIP the submitted revisions to the following Michigan Air Pollution
Control rules: R 336.1107 (c), R 336.1240, R 336.1241, R 336.1706, R
336.2005, R 336.2150, R 336.2151, R 336.2153, R 336.2175, R 336.2176,
and R 336.2199.
Because USEPA considers this action noncontroversial and routine,
we are approving it without prior proposal. This action will become
effective on November 14, 1994. However, if we receive adverse comments
by October 17, 1994, USEPA will publish a document that withdraws this
action and will address all public comments in a subsequent final rule
based on the proposal published in the proposal section of this Federal
Register. The public comment period will not be extended or reopened.
IV. Miscellaneous
A. Applicability to Future SIP Decisions
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The USEPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
B. Executive Order 12866
The Office of Management and Budget has exempted this regulatory
action from Exectutive Order 12866 review.
C. Regulatory Flexibility
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 (5 U.S.C. 603 and 604).
Alternatively, USEPA may certify that the rule will not have a
significant 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.
This partial approval does not create any new requirements.
Therefore, I certify that this action does not have a significant
impact on any small entities affected. Moreover, due to the nature of
the Federal-State relationship under the Act, preparation of the
regulatory flexibility analysis would constitute Federal inquiry into
the economic reasonableness of the 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)).
D. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 14, 1994. 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, Incorporation by
reference, Nitrogen oxides, Ozone, Volatile organic compounds.
Dated: August 8, 1994.
David A. Ullrich,
Acting 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. 7401-7671q.
Subpart X--Michigan
2. Section 52.1170 is amended by adding paragraph (c)(95) to read
as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(c) * * *
(95) On November 15, 1993, the State of Michigan requested revision
to the Michigan State Implementation Plan (SIP) to incorporate
miscellaneous technical rule changes that the State had made effective
April 20, 1989.
(i) Incorporation by reference.
(A) Michigan Air Pollution Control Rules: R 336.1107 (except
paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R 336.1607, R
336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and R 336.1705,
effective April 20, 1989.
* * * * *
[FR Doc. 94-22782 Filed 9-14-94; 8:45 am]
BILLING CODE 6560-50-F
