Air Plan Approval; Michigan Minor New Source Review, 38651-38654 [2017-17230]
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Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules
Third, the 2013–2015 NO2 design
values in South Carolina and
surrounding states are well below the
100 ppb standard. The highest
monitored design values during this
time period are 56 to 65 percent below
the NAAQS with Georgia and Florida
recording the highest design values (48
and 44 ppb, respectively).17
Fourth, NOX point source emissions
data provided in the SIP submittal show
that NOX emissions decreased from
72,885 tons in 2008 to 41,070 tons in
2014, a reduction of approximately 44
percent.18
For all the reasons discussed above,
EPA has preliminarily determined that
South Carolina does not contribute
significantly to nonattainment or
interfere with maintenance of the 2010
1-hour NO2 NAAQS in any other state
and that South Carolina’s SIP includes
adequate provisions to prevent
emissions sources within the State from
significantly contributing to
nonattainment or interfering with
maintenance of this standard in any
other state.
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V. Proposed Action
As described above, EPA is proposing
to approve South Carolina’s December
7, 2016, SIP revision addressing prongs
1 and 2 of CAA section 110(a)(2)(D)(i)
for the 2010 1-hour NO2 NAAQS.
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely proposes to approve state
law as meeting federal requirements and
does not impose additional
requirements beyond those imposed by
state law. For that reason, this proposed
action:
• Is not a ‘‘significant regulatory
actions’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
17 This information is available in the SIP
submittal and at https://www.epa.gov/air-trends/
air-quality-design-values. Design values are
computed and published annually by EPA’s Office
of Air Quality Planning and Standards and
reviewed in conjunction with the EPA Regional
Offices.
18 The State reported these NO emissions as NO
X
2
emissions in its SIP submittal.
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of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule for the
state of South Carolina does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because it does not
have substantial direct effects on an
Indian Tribe. The Catawba Indian
Nation Reservation is located within the
State of South Carolina. Pursuant to the
Catawba Indian Claims Settlement Act,
S.C. Code Ann. 27–16–120, ‘‘all state
and local environmental laws and
regulations apply to the [Catawba Indian
Nation] and Reservation and are fully
enforceable by all relevant state and
local agencies and authorities.’’ EPA
notes this action will not impose
substantial direct costs on Tribal
governments or preempt Tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 3, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
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38651
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2007–1092; FRL–9966–14–
Region 5]
Air Plan Approval; Michigan Minor New
Source Review
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
certain changes to the Michigan State
Implementation Plan (SIP). This action
relates to changes to the Permit to Install
(PTI) requirements of the Michigan
Rules submitted on November 12, 1993;
May 16, 1996; April 3, 1998; September
2, 2003; March 24, 2009; and February
28, 2017.
DATES: Comments must be received on
or before September 14, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2007–1092 at https://
www.regulations.gov, or via email to
damico.genvieve@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Rachel Rineheart, Environmental
Engineer, Air Permits Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
SUMMARY:
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Chicago, Illinois 60604, (312) 886–7017,
Rineheart.rachel@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. Background
II. Review of State Submittals
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
State
effective
date
I. Background
Section 110(a)(2)(C) of the Clean Air
Act (CAA) requires that the SIP include
a program to provide for the ‘‘regulation
of the modification and construction of
any stationary source within the areas
covered by the plan as necessary to
assure that national ambient air quality
standards are achieved.’’ This includes
a program for permitting construction
and modification of both major sources
and minor sources that the State deems
necessary to protect air quality. The
State of Michigan’s minor source PTI
rules are contained in Part 2 of the
Michigan Administrative Code. EPA last
approved changes to the Part 2 rules in
1982. The Michigan Department of
Environmental Quality (MDEQ) has
submitted several Part 2 revision
packages since that time; however, EPA
has not taken a final action on any of the
submittals. The following table provides
a summary of the various state
submittals with the most recent version
of each section of the Michigan Rule
highlighted in bold.
Submittal
date
Rules submitted 336.1xxx
2 ........................
04/20/1989
04/17/1992
11/18/1993
07/26/1995
11/12/1993
....................
....................
05/16/1996
3 ........................
4 ........................
5 ........................
12/12/1996
06/13/1997
07/01/2003
04/03/1998
08/20/1998
09/02/2003
6 ........................
7 ........................
06/20/2008
12/20/2016
03/24/2009
2/21/2017
240, 241.
201, 283.
278, 279, 280, 281, 282, 284, 285, 286, 287, 288, 289, 290.
201, 205, 208 (rescinded), 209, 219, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288,
289, 290.
201a, 205.
278, 283, 284, 285, 286, 287, 290.
201, 201a, 202, 203, 204, 205, 206, 207, 212, 216, 219, 240, 241, 278, 278a, 279 (rescinded),
281, 282, 284, 285, 287, 289, 299.
201, 202, 205, 207, 219, 240, 241, 278, 281, 284, 285, 288, 299.
278a, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290.
Submittal
1 ........................
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EPA published a proposed
disapproval of the 1993, 1996, and 1998
submittals on November 9, 1999;
however, EPA never published a final
disapproval. The changes included in
the 2003, 2009, and 2017 submittals
were primarily intended to address
disapproval issues identified by EPA in
1999. At the time of the 1999 proposed
disapproval, the Part 2 Rules also
included the state’s major nonattainment PTI program. The major nonattainment provisions have been
removed from Part 2, and are now
covered by the Part 19 rules which were
approved on December 16, 2013.
II. Review of State Submittals
Section 110(a)(2)(C) of the CAA
requires that each SIP include a program
to provide for the regulation of
construction and modification of
stationary sources as necessary to assure
that the National Ambient Air Quality
Standards (NAAQS) are achieved.
Specific elements for an approvable
construction permitting plan are found
in the implementing regulations at 40
CFR 51 subpart I—Review of New
Sources and Modifications.
Requirements relevant to minor
construction programs are 40 CFR
51.160–51.163. EPA regulations have
few specific criteria for state minor new
source review (NSR) programs.
Generally, state programs must set forth
legally enforceable procedures that
allow the state to determine if a planned
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construction activity would result in a
violation of the state’s SIP or a national
standard and prevent any activity that
would. In accordance with 40 CFR
51.162, the state plan must identify the
responsible agency for making
permitting decisions. 40 CFR 51.160
requires that the plan identify the types
and sizes of activities that are subject to
the plan, provide that sources
undertaking an activity submit adequate
information regarding the location,
design and emissions related
information to enable the state to make
a determination, and discuss the air
quality data and dispersion or other air
quality modeling used. 40 CFR 51.161
provides specific criteria for public
availability of information and
opportunity for public comment.
Finally, 40 CFR 51.164 requires that the
plan identify the administrative
procedures that will be followed in
making permitting decisions.
The revisions to Part 2 submitted by
MDEQ are largely provisions that
strengthen the already approved minor
NSR program adding greater detail with
respect to applicability, required
application material, and processing of
applications; however, the revisions do
include changes to waiver provisions
and the addition of several categories of
exemptions from the requirement to
obtain a PTI. The revisions also include
changes the public notice requirements,
Michigan R 336.1205. EPA is not acting
on Michigan R 336.1205 at this time,
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and it will be addressed in a subsequent
rulemaking action.
The expansion of exemptions would
be viewed as a potential relaxation of
the already approved plan; therefore,
Michigan was required to provide
information as required by section
110(l) of the CAA to demonstrate that
the revision would not interfere with
any applicable requirement concerning
attainment and reasonable further
progress, or any other applicable
requirement of the CAA. The 2003 and
2017 submittals provide analyses of the
emissions associated with each new
exemption and the impact they would
have on air quality. EPA’s review of the
waiver and exemption provisions are
discussed in greater detail below.
Michigan R 336.1202 provides a
waiver from the requirement to obtain a
permit prior to commencing
construction under limited
circumstances. The Prevention of
Significant Deterioration (PSD)
provisions of the CAA prohibit
commencement of construction without
first obtaining the required permit
authorizing construction; however, the
requirement only applies to major
sources, and no such restriction is
specified under the minor NSR program
requirements set forth in 40 CFR 51.160.
In addition, EPA has made
determinations which further support
that limited construction may begin
before a permit is issued for minor
sources. For example, EPA’s October 10,
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1978, memorandum from Edward E.
Reich to Thomas W. Devine in Region
1 discusses limited preconstruction
activities allowed at a site with both
PSD and non-PSD sources. This memo
states that construction may begin on
PSD-exempt projects before the permit
is issued. Furthermore, EPA approved a
rule for Idaho’s permit program and
Wisconsin’s permit program which
allowed construction to commence
under limited circumstance prior to a
permit being issued. (See 68 FR 2217
and 73 FR 12893.) As stated previously,
the minor NSR provisions at 40 CFR
51.160 require state programs to
determine if activities would violate an
applicable SIP or national standard and
to prevent construction of an activity
that would violate an applicable SIP
provision or national standard.
Michigan R 336.1202(1) requires an
application for a waiver be submitted to
MDEQ and requires MDEQ to act on the
request within 30 days. Construction
may not proceed unless the waiver is
granted. The rule also indicates that the
waiver does not guarantee approval of
the required PTI and any construction
activity would be at the owner/
operator’s risk. Michigan R 336.1202(2)
limits the waiver to minor construction
activities and activities that are not
considered construction or
reconstruction under a National
Emission Standard for Hazardous Air
Pollutants of 40 CFR part 61 or part 63.
EPA finds the Michigan waiver
provisions are consistent with EPA
regulations and policy, are similar to
waiver provisions previously approved
in Idaho and Wisconsin, and provide
adequate assurance that major
construction activities would be
prevented and activities will not result
in a violation of the SIP or a national
standard.
Generally, MDEQ requires a PTI for
any activity that results in the emission
of any amount of a regulated air
pollutant. The state’s minor NSR
program does not exempt based on
emission thresholds and instead lists
specific exempt source categories of
emissions. The exemption provisions
considered in this action are Michigan
R 336.1278, 336.1278a, and 336.1280–
336.1290. When determining adequacy
of the state rules, EPA is concerned with
the possibility that an exemption might
allow an activity that should be subject
to major source permitting requirements
escape appropriate review and
permitting, that sources are required to
maintain information adequate for the
state to ensure that exemptions have
been applied appropriately, and that the
exemptions would not interfere with
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any applicable requirement concerning
attainment and reasonable further
progress, or any other applicable
requirement of the CAA.
Michigan R 336.1278 and 336.1278a
provide limitation on the use of the
specific exemptions provided in R
336.1280–336.1290, and require sources
using the exemptions to maintain
certain records to demonstrate that the
exemptions have been applied
appropriately. Michigan R 336.1278
excludes any activity that would be
subject to PSD or major non-attainment
permitting from use of the exemptions.
The rule also defines activity to include
all ‘‘concurrent and related installation,
construction, reconstruction, relocation,
or modification of any process or
process equipment’’ which will ensure
that projects are aggregated properly
before applying an exemption. Michigan
R 336.1278a requires owner/operators
applying an exemption to maintain
records and a written demonstration
supporting application of the
exemption. Additionally, specific
exemptions may include additional
monitoring and recordkeeping as
required to ensure that the equipment is
operating as required under the
exemption.
Section 110(l) of the CAA states that
a SIP revision cannot be approved if the
revision would interfere with any
applicable requirement concerning
attainment and reasonable further
progress towards attainment of a
NAAQS or any other applicable
requirement of the CAA. The
exemptions only apply to the need to
obtain a PTI prior to construction.
Exempt units would still be required to
comply with any non-PTI related SIP
requirements or standards under the
CAA. The 2003 and 2017 submittals
provide an estimation of emissions that
could result from each exemption. Many
of these exemptions would result in
very low levels of emissions, generally
less than 3 tons per year of a regulated
pollutant. Several would likely result in
no emission of a regulated pollutant.
Where an exemption could result in an
increase of a regulated pollutant in
amounts greater than 10 tons per year,
MDEQ provided modeling, or in the
case of ozone a qualitative analysis to
demonstrate that the emissions that
could result from the exempt categories
would have no significant impact on
compliance with the NAAQS. After
reviewing the information provided by
MDEQ, EPA agrees that the exemptions
are unlikely to result in a violation of
the NAAQS.
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38653
III. What action is EPA taking?
EPA is proposing to approve all
changes submitted by MDEQ except for
changes to Michigan R 336.1205 which
includes provisions for public notice.
EPA will not be taking any action with
respect to the changes in public notice
and will be addressing Michigan R
336.1205 in a separate action. The
already approved public notice
procedures will remain in the SIP until
EPA takes action on Michigan R
336.1205.
IV. Incorporation by Reference
In this rule, EPA proposes to include
in a final EPA rule regulatory text that
includes incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA proposes to incorporate by
reference Michigan’s updated
permitting rules including 336.1209,
effective 07/26/1995; 336.1201a,
336.1203, 336.1204, 336.1206, 336.1212,
336.1216, effective 07/01/2003;
336.1201, 336.1202, 336.1207, 336.1219,
336.1240, 336.1241, 336.1278, 336.1299,
effective 06/20/2008; and 336.1278a,
336.1280, 336.1281, 336.1282, 336.1283,
336.1284, 336.1285, 336.1286, 336.1287,
336.1288, 336.1289, 336.1290, effective
12/20/2016. EPA has made, and will
continue to make, these documents
generally available through
www.regulations.gov, and/or at the EPA
Region 5 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Clean Air Act and applicable Federal
regulations. 42 U.S.C. 7410(k); 40 CFR
52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
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substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
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Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 27, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
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ENVIRONMENTAL PROTECTION
AGENCY
FOR FURTHER INFORMATION CONTACT:
40 CFR Part 52
[EPA–R04–OAR–2016–0634; FRL–9966–32–
Region 4]
Air Plan Approval; Georgia; Regional
Haze Progress Report
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the State of
Georgia, Department of Natural
Resources, through the Georgia
Environmental Protection Division (GA
EPD) on January 8, 2014. Georgia’s
January 8, 2014, SIP revision (Progress
Report) addresses requirements of the
Clean Air Act (CAA or Act) and EPA’s
rules that require each state to submit
periodic reports describing progress
towards reasonable progress goals
(RPGs) established for regional haze and
a determination of the adequacy of the
state’s existing SIP addressing regional
haze (regional haze plan). EPA is
proposing to approve Georgia’s
determination that the State’s regional
haze plan is adequate to meet these
RPGs for the first implementation
period covering through 2018 and
requires no substantive revision at this
time.
DATES: Comments must be received on
or before September 14, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0634 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
SUMMARY:
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Michele Notarianni, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Notarianni can be reached by phone at
(404) 562–9031 and via electronic mail
at notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
States are required to submit a
progress report in the form of a SIP
revision during the first implementation
period that evaluates progress towards
the RPGs for each mandatory Class I
federal area 1 (Class I area) within the
state and for each Class I area outside
the state which may be affected by
emissions from within the state. 40 CFR
51.308(g). In addition, the provisions of
40 CFR 51.308(h) require states to
submit, at the same time as the 40 CFR
51.308(g) progress report, a
determination of the adequacy of the
state’s existing regional haze plan. The
first progress report is due five years
after submittal of the initial regional
haze plan. Georgia submitted its first
regional haze plan on February 11,
2010, and supplemented its plan on
November 19, 2010.2
Like many other states subject to the
Clean Air Interstate Rule (CAIR),
Georgia relied on CAIR in its regional
haze plan to meet certain requirements
of EPA’s Regional Haze Rule, including
best available retrofit technology
(BART) requirements for emissions of
sulfur dioxide (SO2) and nitrogen oxides
(NOx) from certain electric generating
units (EGUs) in the State.3 This reliance
was consistent with EPA’s regulations at
the time that Georgia developed its
regional haze plan. See 70 FR 39104
(July 6, 2005). However, in 2008, the
United States Court of Appeals for the
District of Columbia Circuit (D.C.
1 Areas designated as mandatory Class I federal
areas consist of national parks exceeding 6000
acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977. 42 U.S.C.
7472(a). These areas are listed at 40 CFR part 81,
subpart D.
2 Georgia’s February 11, 2010, regional haze plan
as supplemented on November 19, 2010, is
hereinafter collectively referred to as Georgia’s
regional haze plan unless otherwise specified.
3 CAIR required certain states, including Georgia,
to reduce emissions of SO2 and NOX that
significantly contribute to downwind
nonattainment of the 1997 National Ambient Air
Quality Standard (NAAQS) for fine particulate
matter (PM2.5) and ozone. See 70 FR 25162 (May 12,
2005).
E:\FR\FM\15AUP1.SGM
15AUP1
Agencies
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Proposed Rules]
[Pages 38651-38654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17230]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-1092; FRL-9966-14-Region 5]
Air Plan Approval; Michigan Minor New Source Review
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve certain changes to the Michigan State Implementation Plan
(SIP). This action relates to changes to the Permit to Install (PTI)
requirements of the Michigan Rules submitted on November 12, 1993; May
16, 1996; April 3, 1998; September 2, 2003; March 24, 2009; and
February 28, 2017.
DATES: Comments must be received on or before September 14, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-1092 at https://www.regulations.gov, or via email to
damico.genvieve@epa.gov. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Rachel Rineheart, Environmental
Engineer, Air Permits Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
[[Page 38652]]
Chicago, Illinois 60604, (312) 886-7017, Rineheart.rachel@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. Background
II. Review of State Submittals
III. What action is EPA taking?
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
Section 110(a)(2)(C) of the Clean Air Act (CAA) requires that the
SIP include a program to provide for the ``regulation of the
modification and construction of any stationary source within the areas
covered by the plan as necessary to assure that national ambient air
quality standards are achieved.'' This includes a program for
permitting construction and modification of both major sources and
minor sources that the State deems necessary to protect air quality.
The State of Michigan's minor source PTI rules are contained in Part 2
of the Michigan Administrative Code. EPA last approved changes to the
Part 2 rules in 1982. The Michigan Department of Environmental Quality
(MDEQ) has submitted several Part 2 revision packages since that time;
however, EPA has not taken a final action on any of the submittals. The
following table provides a summary of the various state submittals with
the most recent version of each section of the Michigan Rule
highlighted in bold.
------------------------------------------------------------------------
State
Submittal effective Submittal Rules submitted
date date 336.1xxx
------------------------------------------------------------------------
1..................... 04/20/1989 11/12/1993 240, 241.
04/17/1992 ........... 201, 283.
11/18/1993 ........... 278, 279, 280, 281,
282, 284, 285, 286,
287, 288, 289, 290.
2..................... 07/26/1995 05/16/1996 201, 205, 208
(rescinded), 209,
219, 278, 279, 280,
281, 282, 283, 284,
285, 286, 287, 288,
289, 290.
3..................... 12/12/1996 04/03/1998 201a, 205.
4..................... 06/13/1997 08/20/1998 278, 283, 284, 285,
286, 287, 290.
5..................... 07/01/2003 09/02/2003 201, 201a, 202, 203,
204, 205, 206, 207,
212, 216, 219, 240,
241, 278, 278a, 279
(rescinded), 281,
282, 284, 285, 287,
289, 299.
6..................... 06/20/2008 03/24/2009 201, 202, 205, 207,
219, 240, 241, 278,
281, 284, 285, 288,
299.
7..................... 12/20/2016 2/21/2017 278a, 280, 281, 282,
283, 284, 285, 286,
287, 288, 289, 290.
------------------------------------------------------------------------
EPA published a proposed disapproval of the 1993, 1996, and 1998
submittals on November 9, 1999; however, EPA never published a final
disapproval. The changes included in the 2003, 2009, and 2017
submittals were primarily intended to address disapproval issues
identified by EPA in 1999. At the time of the 1999 proposed
disapproval, the Part 2 Rules also included the state's major non-
attainment PTI program. The major non-attainment provisions have been
removed from Part 2, and are now covered by the Part 19 rules which
were approved on December 16, 2013.
II. Review of State Submittals
Section 110(a)(2)(C) of the CAA requires that each SIP include a
program to provide for the regulation of construction and modification
of stationary sources as necessary to assure that the National Ambient
Air Quality Standards (NAAQS) are achieved. Specific elements for an
approvable construction permitting plan are found in the implementing
regulations at 40 CFR 51 subpart I--Review of New Sources and
Modifications. Requirements relevant to minor construction programs are
40 CFR 51.160-51.163. EPA regulations have few specific criteria for
state minor new source review (NSR) programs. Generally, state programs
must set forth legally enforceable procedures that allow the state to
determine if a planned construction activity would result in a
violation of the state's SIP or a national standard and prevent any
activity that would. In accordance with 40 CFR 51.162, the state plan
must identify the responsible agency for making permitting decisions.
40 CFR 51.160 requires that the plan identify the types and sizes of
activities that are subject to the plan, provide that sources
undertaking an activity submit adequate information regarding the
location, design and emissions related information to enable the state
to make a determination, and discuss the air quality data and
dispersion or other air quality modeling used. 40 CFR 51.161 provides
specific criteria for public availability of information and
opportunity for public comment. Finally, 40 CFR 51.164 requires that
the plan identify the administrative procedures that will be followed
in making permitting decisions.
The revisions to Part 2 submitted by MDEQ are largely provisions
that strengthen the already approved minor NSR program adding greater
detail with respect to applicability, required application material,
and processing of applications; however, the revisions do include
changes to waiver provisions and the addition of several categories of
exemptions from the requirement to obtain a PTI. The revisions also
include changes the public notice requirements, Michigan R 336.1205.
EPA is not acting on Michigan R 336.1205 at this time, and it will be
addressed in a subsequent rulemaking action.
The expansion of exemptions would be viewed as a potential
relaxation of the already approved plan; therefore, Michigan was
required to provide information as required by section 110(l) of the
CAA to demonstrate that the revision would not interfere with any
applicable requirement concerning attainment and reasonable further
progress, or any other applicable requirement of the CAA. The 2003 and
2017 submittals provide analyses of the emissions associated with each
new exemption and the impact they would have on air quality. EPA's
review of the waiver and exemption provisions are discussed in greater
detail below.
Michigan R 336.1202 provides a waiver from the requirement to
obtain a permit prior to commencing construction under limited
circumstances. The Prevention of Significant Deterioration (PSD)
provisions of the CAA prohibit commencement of construction without
first obtaining the required permit authorizing construction; however,
the requirement only applies to major sources, and no such restriction
is specified under the minor NSR program requirements set forth in 40
CFR 51.160. In addition, EPA has made determinations which further
support that limited construction may begin before a permit is issued
for minor sources. For example, EPA's October 10,
[[Page 38653]]
1978, memorandum from Edward E. Reich to Thomas W. Devine in Region 1
discusses limited preconstruction activities allowed at a site with
both PSD and non-PSD sources. This memo states that construction may
begin on PSD-exempt projects before the permit is issued. Furthermore,
EPA approved a rule for Idaho's permit program and Wisconsin's permit
program which allowed construction to commence under limited
circumstance prior to a permit being issued. (See 68 FR 2217 and 73 FR
12893.) As stated previously, the minor NSR provisions at 40 CFR 51.160
require state programs to determine if activities would violate an
applicable SIP or national standard and to prevent construction of an
activity that would violate an applicable SIP provision or national
standard. Michigan R 336.1202(1) requires an application for a waiver
be submitted to MDEQ and requires MDEQ to act on the request within 30
days. Construction may not proceed unless the waiver is granted. The
rule also indicates that the waiver does not guarantee approval of the
required PTI and any construction activity would be at the owner/
operator's risk. Michigan R 336.1202(2) limits the waiver to minor
construction activities and activities that are not considered
construction or reconstruction under a National Emission Standard for
Hazardous Air Pollutants of 40 CFR part 61 or part 63. EPA finds the
Michigan waiver provisions are consistent with EPA regulations and
policy, are similar to waiver provisions previously approved in Idaho
and Wisconsin, and provide adequate assurance that major construction
activities would be prevented and activities will not result in a
violation of the SIP or a national standard.
Generally, MDEQ requires a PTI for any activity that results in the
emission of any amount of a regulated air pollutant. The state's minor
NSR program does not exempt based on emission thresholds and instead
lists specific exempt source categories of emissions. The exemption
provisions considered in this action are Michigan R 336.1278,
336.1278a, and 336.1280-336.1290. When determining adequacy of the
state rules, EPA is concerned with the possibility that an exemption
might allow an activity that should be subject to major source
permitting requirements escape appropriate review and permitting, that
sources are required to maintain information adequate for the state to
ensure that exemptions have been applied appropriately, and that the
exemptions would not interfere with any applicable requirement
concerning attainment and reasonable further progress, or any other
applicable requirement of the CAA.
Michigan R 336.1278 and 336.1278a provide limitation on the use of
the specific exemptions provided in R 336.1280-336.1290, and require
sources using the exemptions to maintain certain records to demonstrate
that the exemptions have been applied appropriately. Michigan R
336.1278 excludes any activity that would be subject to PSD or major
non-attainment permitting from use of the exemptions. The rule also
defines activity to include all ``concurrent and related installation,
construction, reconstruction, relocation, or modification of any
process or process equipment'' which will ensure that projects are
aggregated properly before applying an exemption. Michigan R 336.1278a
requires owner/operators applying an exemption to maintain records and
a written demonstration supporting application of the exemption.
Additionally, specific exemptions may include additional monitoring and
recordkeeping as required to ensure that the equipment is operating as
required under the exemption.
Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS or any other applicable requirement of
the CAA. The exemptions only apply to the need to obtain a PTI prior to
construction. Exempt units would still be required to comply with any
non-PTI related SIP requirements or standards under the CAA. The 2003
and 2017 submittals provide an estimation of emissions that could
result from each exemption. Many of these exemptions would result in
very low levels of emissions, generally less than 3 tons per year of a
regulated pollutant. Several would likely result in no emission of a
regulated pollutant. Where an exemption could result in an increase of
a regulated pollutant in amounts greater than 10 tons per year, MDEQ
provided modeling, or in the case of ozone a qualitative analysis to
demonstrate that the emissions that could result from the exempt
categories would have no significant impact on compliance with the
NAAQS. After reviewing the information provided by MDEQ, EPA agrees
that the exemptions are unlikely to result in a violation of the NAAQS.
III. What action is EPA taking?
EPA is proposing to approve all changes submitted by MDEQ except
for changes to Michigan R 336.1205 which includes provisions for public
notice. EPA will not be taking any action with respect to the changes
in public notice and will be addressing Michigan R 336.1205 in a
separate action. The already approved public notice procedures will
remain in the SIP until EPA takes action on Michigan R 336.1205.
IV. Incorporation by Reference
In this rule, EPA proposes to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA proposes to incorporate by
reference Michigan's updated permitting rules including 336.1209,
effective 07/26/1995; 336.1201a, 336.1203, 336.1204, 336.1206,
336.1212, 336.1216, effective 07/01/2003; 336.1201, 336.1202, 336.1207,
336.1219, 336.1240, 336.1241, 336.1278, 336.1299, effective 06/20/2008;
and 336.1278a, 336.1280, 336.1281, 336.1282, 336.1283, 336.1284,
336.1285, 336.1286, 336.1287, 336.1288, 336.1289, 336.1290, effective
12/20/2016. EPA has made, and will continue to make, these documents
generally available through www.regulations.gov, and/or at the EPA
Region 5 Office (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Clean Air Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a
[[Page 38654]]
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 27, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-17230 Filed 8-14-17; 8:45 am]
BILLING CODE 6560-50-P