Approval and Promulgation of Air Quality Implementation Plans; Michigan; Oxides of Nitrogen Regulations, Phase II, 5101-5104 [E8-1415]
Download as PDF
rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 19 / Tuesday, January 29, 2008 / Rules and Regulations
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). 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), because it merely
approves 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. This 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 approves a state rule
implementing a Federal standard.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This 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.).
The Congressional Review Act, 5
U.S.C. section 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. 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).
VerDate Aug<31>2005
16:22 Jan 28, 2008
Jkt 214001
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by March 31, 2008.
Interested parties should comment in
response to the proposed rule rather
than petition for judicial review, unless
the objection arises after the comment
period allowed for in the proposal.
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, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: January 16, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401, et seq.
Subpart U—Maine
2. Section 52.1023 is amended by
adding paragraph (i) to read as follows:
I
§ 52.1023
Control strategy: Ozone.
*
*
*
*
*
(i) Approval: EPA is approving the
110(a)(1) 8-hour ozone maintenance
plans in the four areas of the state
required to have a 110(a)(1)
maintenance plan for the 8-hour ozone
National Ambient Air Quality Standard.
These areas are as follows: portions of
York and Cumberland Counties;
portions of Androscoggin County and
all of Kennebec County; portions of
Knox and Lincoln Counties; and
portions of Hancock and Waldo
Counties. These maintenance plans
were submitted to EPA on August 3,
2006.
[FR Doc. E8–1416 Filed 1–28–08; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
5101
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–0024; FRL–8519–4]
Approval and Promulgation of Air
Quality Implementation Plans;
Michigan; Oxides of Nitrogen
Regulations, Phase II
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: The EPA is approving
Michigan’s oxides of nitrogen (NOX)
rules which satisfy the requirements of
EPA’s NOX SIP Call Phase II Rule (the
Phase II Rule). We are approving these
regulations based on Michigan’s
demonstration that they will result in
the achievement of the Phase II budget
through source compliance with rules
affecting stationary internal combustion
(IC) engines which are identified in the
NOX plan submittal. Limiting NOX
emissions from IC engines will enable
the State to meet the Phase II
incremental difference of 1,033 tons
during the ozone season, thereby
improving air quality and protecting the
health of Michigan citizens.
DATES: This direct final will be effective
March 31, 2008, unless EPA receives
adverse comments by February 28,
2008. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final in the Federal Register
informing the public that the rule will
not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2007–0024, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 886–5824.
4. 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.
5. 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
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
E:\FR\FM\29JAR1.SGM
29JAR1
rwilkins on PROD1PC63 with RULES
5102
Federal Register / Vol. 73, No. 19 / Tuesday, January 29, 2008 / Rules and Regulations
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2007–
0024. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
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 www.regulations.gov
or e-mail. The 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 www.regulations.gov your email 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 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
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 Douglas
Aburano, Engineer, at (312) 353–6960
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Douglas Aburano, Engineer, Criteria
Pollutant Section, Air Programs Branch
(AR–18J), U.S. Environmental
VerDate Aug<31>2005
16:22 Jan 28, 2008
Jkt 214001
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–6960,
aburano.douglas@epa.gov.
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?
II. Background
III. Who is affected by the new rule and the
amended rules?
IV. What does approval of this rule
accomplish?
V. How are owners and operators expected to
comply with the new requirement?
VI. What action is EPA taking today?
VII. Statutory and Executive Order Reviews
I. What should I consider as I prepare
my comments for EPA?
When submitting comments,
remember to:
1. Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
2. Follow directions—The EPA may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
3. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
4. Describe any assumptions and
provide any technical information and/
or data that you used.
5. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
6. Provide specific examples to
illustrate your concerns, and suggest
alternatives.
7. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
8. Make sure to submit your
comments by the comment period
deadline identified.
II. Background
On October 27, 1998 (63 FR 57356),
EPA issued the NOX SIP Call, which
required 22 states, including Michigan,
to prepare plans to reduce the transport
of ozone throughout the eastern part of
the United States. This was to be
accomplished by reducing emissions of
NOX from selected source categories,
primarily major fuel burning sources,
using available cost-effective measures.
The rule established a cap on emissions
of NOX from each state. States had
flexibility in determining which fuel
burning sources were to be included in
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
their rules. For the most part, states
targeted NOX reductions from electric
utilities and other large industrial
boilers, cement kilns, and IC engines as
sources which could be controlled in a
cost-effective manner. Background
information in this regard is available
from documents prepared by EPA, and
can be found at https://www.epa.gov/ttn/
rto/otag/.
Some states and industry challenged
the rule. In Michigan v. EPA, 213 F.3d
663 (DC Cir. 2000), the Court largely
upheld EPA’s rulemaking. It did,
however, remand a portion of the rule
concerning IC engines to EPA for further
notice and public comment.
Subsequent to the Court’s decision,
EPA proceeded initially with rules
concerning electric generating units
(EGU), industrial boilers (non-EGU) and
cement kilns as Phase I sources. The IC
engines fell into the Phase II group, to
be addressed at a later date. Michigan
adopted its Phase I rules and submitted
them to EPA. We conditionally
approved them on April 16, 2004 (69 FR
20548) and finally approved them on
May 4, 2005 (70 FR 23029).
On April 21, 2004 (69 FR 21603), EPA
issued the Phase II Rule. It required
most states with Phase I budget
programs to submit a Phase II plan to
achieve incremental reductions not
addressed by Phase I rules. The Phase
II Rule also identified the additional
NOX budget reductions (incremental
reductions) that states would have to
achieve by regulating large (greater than
one ton per day emissions) IC engines.
EPA calculated the amount of
incremental reductions required by recalculating the overall budget to reflect
a control level of 82 percent from
natural gas-fired lean-burn IC engines
with greater than one ton per day NOX
emissions. MDEQ drafted the new rule
(R 336.1818 Emission limitations for
stationary internal combustion engines,
also known as Rule 818) based on
guidance from EPA dated September 19,
2004, which contained an example
model rule.
The public process for Rule 818
started on April 1, 2006 when the rule
was made available for public comment
in the Michigan State Register. On April
3, 2006, notices that the rule was
available for public comment were
published in four newspapers
throughout Michigan. Both the notices
in the Michigan State Register and the
newspapers indicated that a public
hearing would be held on the rule on
May 9, 2006.
On December 22, 2006, the Michigan
Department of Environmental Quality
(MDEQ) submitted its Phase II rules to
EPA. MDEQ sent additional follow-up
E:\FR\FM\29JAR1.SGM
29JAR1
Federal Register / Vol. 73, No. 19 / Tuesday, January 29, 2008 / Rules and Regulations
information addressing the budget
demonstration for this source category
in a March 12, 2007 letter requesting
EPA approval. Because Michigan
adopted EPA’s model rule in which was
used to calculate the state’s Phase II
budget, it follows that Michigan’s Phase
II budget will be met.
In the Phase II Rule, EPA calculated
the 2007 base year emissions inventory
from which Michigan needed additional
reductions of 1,033 tons per ozone
season. EPA based the calculation upon
achieving an 82 percent reduction at all
IC engines in Michigan with greater
than one ton per day of NOX emissions.
rwilkins on PROD1PC63 with RULES
III. Who is affected by the new rule and
the amended rules?
Rule 818 applies only in the fine grid
portion of Michigan, as this is the only
portion of Michigan where the NOX SIP
Call (both Phases I and II) applies (see
69 FR 21627–8). Michigan’s fine grid
includes the following counties:
Allegan, Barry, Bay, Berrien, Branch,
Calhoun, Cass, Clinton, Eaton, Genesee,
Gratiot, Hillsdale, Ingham, Ionia,
Isabella, Jackson, Kalamazoo, Kent,
Lapeer, Lenaee, Livingston, Macomb,
Mecosta, Midland, Monroe, Montcalm,
Muskegon, Newaygo, Oakland, Oceana,
Ottawa, Saginaw, Saint Clair, Saint
Joseph, Sanilac, Shiawassee, Tuscola,
Vanburen, Washtenaw and Wayne. Rule
818 applies to any person who owns or
operates a large stationary reciprocating
IC engine and other smaller stationary
internal combustion engines that are
included in a compliance plan. A large
IC engine is defined as an engine that
emits more than one ton of NOX per
ozone season day, based on operation
during the 1995 ozone season.
IV. What does approval of this rule
accomplish?
EPA published the incremental
budget for affected states including
Michigan in the April 21, 2004, Federal
Register (69 FR 21604). The State’s
budget demonstration shows that the
State will be able to reduce emissions of
NOX to meet the Phase II incremental
difference of 1,033 tons of NOX for the
ozone season.
Approval of Rule 818 will provide a
means by which the State of Michigan
will meet the required reductions of
NOX emissions from IC engines during
the ozone season. The State rule affects
NOX SIP Call IC engines, as well as any
other stationary internal combustion
engine subject to NOX control in the
State’s rule, within Michigan’s fine grid.
The emission reductions for some large
engines will be permanent and yearround resulting from low emission
combustion measures retrofitted to
VerDate Aug<31>2005
16:22 Jan 28, 2008
Jkt 214001
5103
VII. Statutory and Executive Order
Reviews
existing engines. Low emission
combustion measures cannot be cycled
off once the changes are made to the
engine. The combustion control
technology is a permanent, physical
change to the design and operation of
the engine which, when implemented,
is expected to reduce emissions of NOX
year-round. The State’s rules include
provisions which the source must
follow to demonstrate compliance with
the rules. EPA expects environmental
benefits and health implications to be
permanent.
Under Executive Order 12866 (58 FR
51735, September 30, 1993), this action
is not a ‘‘significant regulatory action’’
and therefore is not subject to review by
the Office of Management and Budget.
V. How are owners and operators
expected to comply with the new
requirement?
Regulatory Flexibility Act
The State Rule 818 includes a
requirement that an owner or operator
of a large IC engine shall not operate an
affected engine during the ozone period,
unless there is a compliance plan which
meets the requirements of the rule.
Owners and operators of subject large IC
engines were required to submit
compliance plans to the State by
October 1, 2006, and the rules prohibit
operation of affected engines after May
1, 2007, except in compliance with the
requirements. Included in the
compliance plan is a requirement that
the projected NOX emissions from the
engine, in grams per break horsepowerhour, be included in a federally
enforceable permit. This information
will enable the State to determine if
reductions from the covered sources
should meet the Phase II budget
increment. The failure of a source to
meet the required NOX reductions is a
violation of the provisions of the permit.
The State of Michigan is expected to
enforce non-compliance with its rules
by reviewing monitoring and testing
information submitted by the owners
and operators of the affected engines.
VI. What action is EPA taking today?
EPA is approving Rule 818 submitted
by Michigan. We are taking this action
because we have determined that the
rule satisfies the requirements of the
Clean Air Act and the NOX SIP Call
Phase II rules. The State has shown,
through its budget demonstration, that it
can achieve the Phase II budget
increment through source compliance
with the State’s rules affecting IC
engines and the State’s permitting
program. Meeting the Phase II budget
increment and the Phase I increment
means the State will meet its total
overall ozone season NOX budget and
bring about reductions in ozone
concentrations in the State and
downwind from Michigan.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
Executive Order 12866: Regulatory
Planning and Review
Paperwork Reduction Act
This 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.).
This 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 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 13175: Consultation
and Coordination With Indian Tribal
Governments
This 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
E:\FR\FM\29JAR1.SGM
29JAR1
5104
Federal Register / Vol. 73, No. 19 / Tuesday, January 29, 2008 / Rules and Regulations
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This 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.
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 regulatory
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).
National Technology Transfer
Advancement Act
List of Subjects in 40 CFR Part 52
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), 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 impractical.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. Absent a prior
existing requirement for the state to use
voluntary consensus standards, EPA has
no authority to disapprove a SIP
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 Clean Air Act.
Therefore, the requirements of section
12(d) of the NTTA do not apply.
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements.
Dated: January 11, 2008.
Gary Gulezian,
Acting Regional Administrator, Region 5.
I
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401, et seq.
Subpart X—Michigan
2. In § 52.1170, the table in paragraph
(c) entitled ‘‘EPA—Approved Michigan
Regulations’’ is amended by adding an
entry in Part 8 for ‘‘R 336.1818’’ to read
as follows:
I
§ 52.1170
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED MICHIGAN REGULATIONS
Michigan
citation
State effective
date
Title
*
*
*
EPA approval date
*
*
Comments
*
*
*
*
Part 8. Emission Limitations and Prohibitions—Oxides of Nitrogen
*
*
R 336.1818 .......
*
*
*
*
*
*
[FR Doc. E8–1415 Filed 1–28–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
rwilkins on PROD1PC63 with RULES
[EPA–HQ–OPP–2007–0445; FRL–8348–8]
Acephate, Fenbutatin-Oxide (Hexakis),
MCPA, Pyrethrins, and Triallate;
Tolerance Actions
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
16:22 Jan 28, 2008
*
11/20/06
1/29/08 [Insert page number where the document begins].
*
*
SUMMARY: EPA is revoking certain
tolerances for the insecticides acephate
and pyrethrins. Also, EPA is modifying
certain tolerances for the insecticides
acephate and pyrethrins. In addition,
EPA is establishing new tolerances for
the herbicides MCPA and triallate, and
the insecticides fenbutatin-oxide
(hexakis) and pyrethrins. The regulatory
actions finalized in this document are in
follow-up to the Agency’s reregistration
program under the Federal Insecticide,
Fungicide, and Rodenticide Act
(FIFRA), and tolerance reassessment
program under the Federal Food, Drug,
and Cosmetic Act (FFDCA) section
408(q).
This regulation is effective
January 29, 2008. Objections and
DATES:
Final rule.
VerDate Aug<31>2005
*
Emission limitations for stationary internal
combustion engines.
*
*
*
Jkt 214001
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
*
*
requests for hearings must be received
on or before March 31, 2008, and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–0445. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
website to view the docket index or
access available documents. All
documents in the docket are listed in
ADDRESSES:
E:\FR\FM\29JAR1.SGM
29JAR1
Agencies
[Federal Register Volume 73, Number 19 (Tuesday, January 29, 2008)]
[Rules and Regulations]
[Pages 5101-5104]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1415]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-0024; FRL-8519-4]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan; Oxides of Nitrogen Regulations, Phase II
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is approving Michigan's oxides of nitrogen
(NOX) rules which satisfy the requirements of EPA's
NOX SIP Call Phase II Rule (the Phase II Rule). We are
approving these regulations based on Michigan's demonstration that they
will result in the achievement of the Phase II budget through source
compliance with rules affecting stationary internal combustion (IC)
engines which are identified in the NOX plan submittal.
Limiting NOX emissions from IC engines will enable the State
to meet the Phase II incremental difference of 1,033 tons during the
ozone season, thereby improving air quality and protecting the health
of Michigan citizens.
DATES: This direct final will be effective March 31, 2008, unless EPA
receives adverse comments by February 28, 2008. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final in
the Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-0024, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 886-5824.
4. 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.
5. 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 normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
[[Page 5102]]
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2007-0024. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or e-mail.
The 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 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
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 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 Douglas Aburano, Engineer, at (312) 353-
6960 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Engineer, Criteria
Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-6960, aburano.douglas@epa.gov.
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?
II. Background
III. Who is affected by the new rule and the amended rules?
IV. What does approval of this rule accomplish?
V. How are owners and operators expected to comply with the new
requirement?
VI. What action is EPA taking today?
VII. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. Background
On October 27, 1998 (63 FR 57356), EPA issued the NOX
SIP Call, which required 22 states, including Michigan, to prepare
plans to reduce the transport of ozone throughout the eastern part of
the United States. This was to be accomplished by reducing emissions of
NOX from selected source categories, primarily major fuel
burning sources, using available cost-effective measures. The rule
established a cap on emissions of NOX from each state.
States had flexibility in determining which fuel burning sources were
to be included in their rules. For the most part, states targeted
NOX reductions from electric utilities and other large
industrial boilers, cement kilns, and IC engines as sources which could
be controlled in a cost-effective manner. Background information in
this regard is available from documents prepared by EPA, and can be
found at https://www.epa.gov/ttn/rto/otag/.
Some states and industry challenged the rule. In Michigan v. EPA,
213 F.3d 663 (DC Cir. 2000), the Court largely upheld EPA's rulemaking.
It did, however, remand a portion of the rule concerning IC engines to
EPA for further notice and public comment.
Subsequent to the Court's decision, EPA proceeded initially with
rules concerning electric generating units (EGU), industrial boilers
(non-EGU) and cement kilns as Phase I sources. The IC engines fell into
the Phase II group, to be addressed at a later date. Michigan adopted
its Phase I rules and submitted them to EPA. We conditionally approved
them on April 16, 2004 (69 FR 20548) and finally approved them on May
4, 2005 (70 FR 23029).
On April 21, 2004 (69 FR 21603), EPA issued the Phase II Rule. It
required most states with Phase I budget programs to submit a Phase II
plan to achieve incremental reductions not addressed by Phase I rules.
The Phase II Rule also identified the additional NOX budget
reductions (incremental reductions) that states would have to achieve
by regulating large (greater than one ton per day emissions) IC
engines. EPA calculated the amount of incremental reductions required
by re-calculating the overall budget to reflect a control level of 82
percent from natural gas-fired lean-burn IC engines with greater than
one ton per day NOX emissions. MDEQ drafted the new rule (R
336.1818 Emission limitations for stationary internal combustion
engines, also known as Rule 818) based on guidance from EPA dated
September 19, 2004, which contained an example model rule.
The public process for Rule 818 started on April 1, 2006 when the
rule was made available for public comment in the Michigan State
Register. On April 3, 2006, notices that the rule was available for
public comment were published in four newspapers throughout Michigan.
Both the notices in the Michigan State Register and the newspapers
indicated that a public hearing would be held on the rule on May 9,
2006.
On December 22, 2006, the Michigan Department of Environmental
Quality (MDEQ) submitted its Phase II rules to EPA. MDEQ sent
additional follow-up
[[Page 5103]]
information addressing the budget demonstration for this source
category in a March 12, 2007 letter requesting EPA approval. Because
Michigan adopted EPA's model rule in which was used to calculate the
state's Phase II budget, it follows that Michigan's Phase II budget
will be met.
In the Phase II Rule, EPA calculated the 2007 base year emissions
inventory from which Michigan needed additional reductions of 1,033
tons per ozone season. EPA based the calculation upon achieving an 82
percent reduction at all IC engines in Michigan with greater than one
ton per day of NOX emissions.
III. Who is affected by the new rule and the amended rules?
Rule 818 applies only in the fine grid portion of Michigan, as this
is the only portion of Michigan where the NOX SIP Call (both
Phases I and II) applies (see 69 FR 21627-8). Michigan's fine grid
includes the following counties: Allegan, Barry, Bay, Berrien, Branch,
Calhoun, Cass, Clinton, Eaton, Genesee, Gratiot, Hillsdale, Ingham,
Ionia, Isabella, Jackson, Kalamazoo, Kent, Lapeer, Lenaee, Livingston,
Macomb, Mecosta, Midland, Monroe, Montcalm, Muskegon, Newaygo, Oakland,
Oceana, Ottawa, Saginaw, Saint Clair, Saint Joseph, Sanilac,
Shiawassee, Tuscola, Vanburen, Washtenaw and Wayne. Rule 818 applies to
any person who owns or operates a large stationary reciprocating IC
engine and other smaller stationary internal combustion engines that
are included in a compliance plan. A large IC engine is defined as an
engine that emits more than one ton of NOX per ozone season
day, based on operation during the 1995 ozone season.
IV. What does approval of this rule accomplish?
EPA published the incremental budget for affected states including
Michigan in the April 21, 2004, Federal Register (69 FR 21604). The
State's budget demonstration shows that the State will be able to
reduce emissions of NOX to meet the Phase II incremental
difference of 1,033 tons of NOX for the ozone season.
Approval of Rule 818 will provide a means by which the State of
Michigan will meet the required reductions of NOX emissions
from IC engines during the ozone season. The State rule affects
NOX SIP Call IC engines, as well as any other stationary
internal combustion engine subject to NOX control in the
State's rule, within Michigan's fine grid. The emission reductions for
some large engines will be permanent and year-round resulting from low
emission combustion measures retrofitted to existing engines. Low
emission combustion measures cannot be cycled off once the changes are
made to the engine. The combustion control technology is a permanent,
physical change to the design and operation of the engine which, when
implemented, is expected to reduce emissions of NOX year-
round. The State's rules include provisions which the source must
follow to demonstrate compliance with the rules. EPA expects
environmental benefits and health implications to be permanent.
V. How are owners and operators expected to comply with the new
requirement?
The State Rule 818 includes a requirement that an owner or operator
of a large IC engine shall not operate an affected engine during the
ozone period, unless there is a compliance plan which meets the
requirements of the rule. Owners and operators of subject large IC
engines were required to submit compliance plans to the State by
October 1, 2006, and the rules prohibit operation of affected engines
after May 1, 2007, except in compliance with the requirements. Included
in the compliance plan is a requirement that the projected
NOX emissions from the engine, in grams per break
horsepower-hour, be included in a federally enforceable permit. This
information will enable the State to determine if reductions from the
covered sources should meet the Phase II budget increment. The failure
of a source to meet the required NOX reductions is a
violation of the provisions of the permit. The State of Michigan is
expected to enforce non-compliance with its rules by reviewing
monitoring and testing information submitted by the owners and
operators of the affected engines.
VI. What action is EPA taking today?
EPA is approving Rule 818 submitted by Michigan. We are taking this
action because we have determined that the rule satisfies the
requirements of the Clean Air Act and the NOX SIP Call Phase
II rules. The State has shown, through its budget demonstration, that
it can achieve the Phase II budget increment through source compliance
with the State's rules affecting IC engines and the State's permitting
program. Meeting the Phase II budget increment and the Phase I
increment means the State will meet its total overall ozone season
NOX budget and bring about reductions in ozone
concentrations in the State and downwind from Michigan.
VII. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, September 30, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Paperwork Reduction Act
This 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.).
Regulatory Flexibility Act
This 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 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 13175: Consultation and Coordination With Indian Tribal
Governments
This 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
[[Page 5104]]
Federal Government and Indian tribes, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This 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.
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 regulatory 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).
National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), 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 impractical. In
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Absent a
prior existing requirement for the state to use voluntary consensus
standards, EPA has no authority to disapprove a SIP 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
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA
do not apply.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
Dated: January 11, 2008.
Gary Gulezian,
Acting Regional Administrator, Region 5.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart X--Michigan
0
2. In Sec. 52.1170, the table in paragraph (c) entitled ``EPA--
Approved Michigan Regulations'' is amended by adding an entry in Part 8
for ``R 336.1818'' to read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
State
Michigan citation Title effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Part 8. Emission Limitations and Prohibitions--Oxides of Nitrogen
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
R 336.1818................. Emission limitations 11/20/06 1/29/08 [Insert page
for stationary number where the
internal combustion document begins].
engines.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E8-1415 Filed 1-28-08; 8:45 am]
BILLING CODE 6560-50-P