Air Plan Approval; Michigan; Redesignation of the Berrien County Area to Attainment of the 2015 Ozone Standard, 29895-29906 [2020-10137]
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Federal Register / Vol. 85, No. 97 / Tuesday, May 19, 2020 / Proposed Rules
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed 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,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 12, 2020.
Gregory Sopkin,
Regional Administrator, EPA Region 8.
[FR Doc. 2020–10418 Filed 5–18–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2019–0239; FRL–10008–
73–Region 5]
Air Plan Approval; Michigan;
Redesignation of the Berrien County
Area to Attainment of the 2015 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to find that
Berrien County, Michigan is attaining
the 2015 ozone National Ambient Air
Quality Standard (NAAQS or standard)
and is proposing to approve a request
from the Michigan Department of
Environment, Great Lakes, and Energy
(EGLE) to redesignate the area to
attainment for the 2015 ozone NAAQS
because the request meets the statutory
requirements for redesignation under
the Clean Air Act (CAA). EGLE
submitted this request on January 30,
2020 and submitted a clarification letter
on March 30, 2020. EPA is also
proposing to approve, as a revision to
the Michigan State Implementation Plan
(SIP), the State’s plan for maintaining
the 2015 ozone NAAQS through 2030 in
the Berrien County area. Finally, EPA
finds adequate and is proposing to
approve Michigan’s 2023 and 2030
volatile organic compound (VOC) and
oxides of nitrogen (NOX) Motor Vehicle
SUMMARY:
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Emission Budgets (MVEBs) for the
Berrien County area.
DATES: Comments must be received on
or before June 18, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2019–0239 at https://
www.regulations.gov or via email to
compher.michael@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:
Emily Crispell, Environmental Scientist,
Control Strategies Section, Air Programs
Branch (AR–18J), Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312)353–8512, crispell.emily@
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 is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA’s analysis of EGLE’s
redesignation request?
A. Has the Berrien County area attained the
2015 8-hour ozone NAAQS?
B. Has EGLE met all applicable
requirements of section 110 and part D
of the CAA for the Berrien County area,
and does Michigan have a fully approved
SIP for the area under section 110(k) of
the CAA?
C. Are the air quality improvements in the
Berrien County area due to permanent
and enforceable emission reductions?
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29895
D. Does EGLE have a fully approvable
ozone maintenance plan for the Berrien
County area?
V. Has the state adopted approvable motor
vehicle emission budgets?
VI. Proposed Actions
VII. Statutory and Executive Order Reviews
I. What is EPA proposing?
EPA is proposing to take several
related actions. EPA is proposing to
determine that the Berrien County
nonattainment area is attaining the 2015
ozone NAAQS, based on quality-assured
and certified monitoring data for 2017
through 2019 and that this area has met
the requirements for redesignation
under section 107(d)(3)(E) of the CAA.
EPA is thus proposing to change the
legal designation of the Berrien County
area from nonattainment to attainment
for the 2015 ozone NAAQS. EPA is also
proposing to approve, as a revision to
the Michigan SIP, the state’s
maintenance plan (such approval being
one of the CAA criteria for redesignation
to attainment status) for the area. The
maintenance plan is designed to keep
the Berrien County area in attainment of
the 2015 ozone NAAQS through 2030.
Finally, EPA is proposing to approve the
newly-established 2023 and 2030
MVEBs for the area.
II. What is the background for these
actions?
EPA has determined that ground-level
ozone is detrimental to human health.
On October 1, 2015, EPA promulgated a
revised 8-hour ozone NAAQS of 0.070
parts per million (ppm). See 80 FR
65292 (October 26, 2015). Under EPA’s
regulations at 40 CFR part 50, the 2015
ozone NAAQS is attained in an area
when the 3-year average of the annual
fourth highest daily maximum 8-hour
average concentration is equal to or less
than 0.070 ppm, when truncated after
the thousandth decimal place, at all of
the ozone monitoring sites in the area.
See 40 CFR 50.19 and appendix U to 40
CFR part 50.
Upon promulgation of a new or
revised NAAQS, section 107(d)(1)(B) of
the CAA requires EPA to designate as
nonattainment any areas that are
violating the NAAQS, based on the most
recent 3 years of quality assured ozone
monitoring data. The Berrien County
area was designated as a marginal
nonattainment area for the 2015 ozone
NAAQS on June 4, 2018 (83 FR 25776)
(effective August 3, 2018).
III. What are the criteria for
redesignation?
Section 107(d)(3)(E) of the CAA
allows redesignation of an area to
attainment of the NAAQS provided that:
(1) The Administrator (EPA) determines
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that the area has attained the NAAQS;
(2) the Administrator has fully approved
the applicable implementation plan for
the area under section 110(k) of the
CAA; (3) the Administrator determines
that the improvement in air quality is
due to permanent and enforceable
reductions in emissions resulting from
implementation of the applicable SIP,
applicable Federal air pollutant control
regulations, and other permanent and
enforceable emission reductions; (4) the
Administrator has fully approved a
maintenance plan for the area as
meeting the requirements of section
175A of the CAA; and (5) the state
containing the area has met all
requirements applicable to the area for
the purposes of redesignation under
section 110 and part D of the CAA.
On April 16, 1992, EPA provided
guidance on redesignations in the
General Preamble for the
Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and
supplemented this guidance on April
28, 1992 (57 FR 18070). EPA has
provided further guidance on processing
redesignation requests in the following
documents:
1. ‘‘Ozone and Carbon Monoxide Design
Value Calculations,’’ Memorandum from Bill
Laxton, Director, Technical Support Division,
June 18, 1990;
2. ‘‘Maintenance Plans for Redesignation of
Ozone and Carbon Monoxide Nonattainment
Areas,’’ Memorandum from G.T. Helms,
Chief, Ozone/Carbon Monoxide Programs
Branch, April 30, 1992;
3. ‘‘Contingency Measures for Ozone and
Carbon Monoxide (CO) Redesignations,’’
Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
June 1, 1992;
4. ‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’
Memorandum from John Calcagni, Director,
Air Quality Management Division, September
4, 1992 (the ‘‘Calcagni Memorandum’’);
5. ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean Air
Act (CAA) Deadlines,’’ Memorandum from
John Calcagni, Director, Air Quality
Management Division, October 28, 1992;
6. ‘‘Technical Support Documents (TSDs)
for Redesignation of Ozone and Carbon
Monoxide (CO) Nonattainment Areas,’’
Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
7. ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting Requests
for Redesignation to Attainment of the Ozone
and Carbon Monoxide (CO) National
Ambient Air Quality Standards (NAAQS) On
or After November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting Assistant
Administrator for Air and Radiation,
September 17, 1993;
8. ‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone and
CO Nonattainment Areas,’’ Memorandum
from D. Kent Berry, Acting Director, Air
Quality Management Division, November 30,
1993;
9. ‘‘Part D New Source Review (Part D
NSR) Requirements for Areas Requesting
Redesignation to Attainment,’’ Memorandum
from Mary D. Nichols, Assistant
Administrator for Air and Radiation, October
14, 1994; and
10. ‘‘Reasonable Further Progress,
Attainment Demonstration, and Related
Requirements for Ozone Nonattainment
Areas Meeting the Ozone National Ambient
Air Quality Standard,’’ Memorandum from
John S. Seitz, Director, Office of Air Quality
Planning and Standards, May 10, 1995.
IV. What is EPA’s analysis of EGLE’s
redesignation request?
A. Has the Berrien County area attained
the 2015 8-hour ozone NAAQS?
For redesignation of a nonattainment
area to attainment, the CAA requires
EPA to determine that the area has
attained the applicable NAAQS (CAA
section 107(d)(3)(E)(i)). An area is
attaining the 2015 ozone NAAQS if it
meets the 2015 ozone NAAQS, as
determined in accordance with 40 CFR
50.15 and appendix U of part 50, based
on 3 complete, consecutive calendar
years of quality-assured air quality data
for all monitoring sites in the area. To
attain the NAAQS, the 3-year average of
the annual fourth-highest daily
maximum 8-hour average ozone
concentrations (ozone design values) at
each monitor must not exceed 0.070
ppm. The air quality data must be
collected and quality-assured in
accordance with 40 CFR part 58 and
recorded in EPA’s Air Quality System
(AQS). Ambient air quality monitoring
data for the 3-year period must also
meet data completeness requirements.
An ozone design value is valid if daily
maximum 8-hour average
concentrations are available for at least
90% of the days within the ozone
monitoring seasons,1 on average, for the
3-year period, with a minimum data
completeness of 75% during the ozone
monitoring season of any year during
the 3-year period. See section 4 of
appendix U to 40 CFR part 50.
EPA has reviewed the available ozone
monitoring data from the monitoring
site in the Berrien County area for the
2017–2019 period. These data have been
quality assured, are recorded in the
AQS, and have been certified. These
data demonstrate that the Berrien
County area is attaining the 2015 ozone
NAAQS. The annual fourth-highest 8hour ozone concentrations and the 3year average of these concentrations
(monitoring site ozone design values)
for the monitoring site are summarized
in Table 1.
TABLE 1—ANNUAL FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS AND 3-YEAR AVERAGE OF THE
FOURTH HIGH DAILY MAXIMUM 8-HOUR OZONE CONCENTRATIONS FOR THE BERRIEN COUNTY AREA
County
Monitor
Berrien ..........................................................................
26–021–0014 ........
The Berrien County area’s 3-year
ozone design value for 2017–2019 is
0.069 ppm, which meets the 2015 ozone
NAAQS. Therefore, in today’s action,
EPA proposes to determine that the
Year
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2017
2018
2019
Berrien County area is attaining the
2015 ozone NAAQS.
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99
88
96
Fourth high
(ppm)
0.069
0.073
0.066
2016–2018
average
(ppm)
0.069
B. Has EGLE met all applicable
requirements of section 110 and part D
of the CAA for the Berrien County area,
and does Michigan have a fully
approved SIP for the area under section
110(k) of the CAA?
As criteria for redesignation of an area
from nonattainment to attainment of a
NAAQS, the CAA requires EPA to
determine that the state has met all
1 The ozone season is defined by state in 40 CFR
58 appendix D. The ozone season for Michigan is
March–October. See, 80 FR 65292, 65466–67
(October 26, 2015).
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applicable requirements under section
110 and part D of title I of the CAA (see
section 107(d)(3)(E)(v) of the CAA) and
that the state has a fully approved SIP
under section 110(k) of the CAA (see
section 107(d)(3)(E)(ii) of the CAA). EPA
finds that Michigan has met all
applicable SIP requirements, for
purposes of redesignation, under section
110 and part D of title I of the CAA
(requirements specific to nonattainment
areas for the 2015 ozone NAAQS).
Additionally, EPA finds that all
applicable requirements of the Michigan
SIP for the area have been fully
approved under section 110(k) of the
CAA. In making these determinations,
EPA ascertained which CAA
requirements are applicable to the
Berrien County area and the Michigan
SIP and, if applicable, whether the
required Berrien County area SIP
elements are fully approved under
section 110(k) and part D of the CAA.
As discussed more fully below, SIPs
must be fully approved only with
respect to currently applicable
requirements of the CAA.
The Calcagni Memorandum describes
EPA’s interpretation of section
107(d)(3)(E) of the CAA. Under this
interpretation, a state and the area it
wishes to redesignate must meet the
relevant CAA requirements that are due
prior to the state’s submittal of a
complete redesignation request for the
area. See also the September 17, 1993,
Michael Shapiro memorandum and 60
FR 12459, 12465–66 (March 7, 1995)
(redesignation of Detroit-Ann Arbor,
Michigan to attainment of the 1-hour
ozone NAAQS). Applicable
requirements of the CAA that come due
subsequent to the state’s submittal of a
complete request remain applicable
until a redesignation to attainment is
approved but are not required as a
prerequisite to redesignation. See
section 175A(c) of the CAA. Sierra Club
v. EPA, 375 F.3d 537 (7th Cir. 2004). See
also 68 FR 25424, 25427 (May 12, 2003)
(redesignation of the St. Louis/East St.
Louis area to attainment of the 1-hour
ozone NAAQS).
1. EGLE has met all applicable
requirements of section 110 and part D
of the CAA applicable to the Berrien
County area for purposes of
redesignation.
a. Section 110 General Requirements
for Implementation Plans
Section 110(a)(2) of the CAA
delineates the general requirements for
a SIP. Section 110(a)(2) provides that
the SIP must have been adopted by the
state after reasonable public notice and
hearing, and that, among other things, it
must: (1) Include enforceable emission
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limitations and other control measures,
means or techniques necessary to meet
the requirements of the CAA; (2)
provide for establishment and operation
of appropriate devices, methods,
systems and procedures necessary to
monitor ambient air quality; (3) provide
for implementation of a source permit
program to regulate the modification
and construction of stationary sources
within the areas covered by the plan; (4)
include provisions for the
implementation of part C prevention of
significant deterioration (PSD) and part
D new source review (NSR) permit
programs; (5) include provisions for
stationary source emission control
measures, monitoring, and reporting; (6)
include provisions for air quality
modeling; and, (7) provide for public
and local agency participation in
planning and emission control rule
development.
Section 110(a)(2)(D) of the CAA
requires SIPs to contain measures to
prevent sources in a state from
significantly contributing to air quality
problems in another state. To
implement this provision, EPA has
required certain states to establish
programs to address transport of certain
air pollutants, e.g., NOX SIP call.
However, like many of the 110(a)(2)
requirements, the section 110(a)(2)(D)
SIP requirements are not linked with a
particular area’s ozone designation and
classification. EPA concludes that the
SIP requirements linked with the area’s
ozone designation and classification are
the relevant measures to evaluate when
reviewing a redesignation request for
the area. The section 110(a)(2)(D)
requirements, where applicable,
continue to apply to a state regardless of
the designation of any one particular
area within the state. Thus, we believe
these requirements are not applicable
requirements for purposes of
redesignation. See 65 FR 37890 (June
15, 2000), 66 FR 50399 (October 19,
2001), 68 FR 25418, 25426–27 (May 13,
2003).
In addition, EPA believes that other
section 110 elements that are neither
connected with nonattainment plan
submissions nor linked with an area’s
ozone attainment status are not
applicable requirements for purposes of
redesignation. The area will still be
subject to these requirements after the
area is redesignated to attainment of the
2008 ozone NAAQS. The section 110
and part D requirements which are
linked with a particular area’s
designation and classification are the
relevant measures to evaluate in
reviewing a redesignation request. This
approach is consistent with EPA’s
existing policy on applicability (i.e., for
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29897
redesignations) of conformity and
oxygenated fuels requirements, as well
as with section 184 ozone transport
requirements. See Reading,
Pennsylvania proposed and final
rulemakings, 61 FR 53174–53176
(October 10, 1996) and 62 FR 24826
(May 7, 1997); Cleveland-AkronLoraine, Ohio final rulemaking, 61 FR
20458 (May 7, 1996); and Tampa,
Florida final rulemaking, 60 FR 62748
(December 7, 1995). See also the
discussion of this issue in the
Cincinnati, Ohio ozone redesignation
(65 FR 37890, June 19, 2000), and the
Pittsburgh, Pennsylvania ozone
redesignation (66 FR 50399, October 19,
2001).
We have reviewed Michigan’s SIP and
have concluded that it meets the general
SIP requirements under section 110 of
the CAA to the extent those
requirements are applicable for
purposes of redesignation.
b. Part D Requirements
Section 172(c) of the CAA sets forth
the basic requirements of air quality
plans for states with nonattainment
areas that are required to submit them
pursuant to section 172(b). Subpart 2 of
part D, which includes section 182 of
the CAA, establishes specific
requirements for ozone nonattainment
areas depending on the areas’
nonattainment classifications.
The Berrien County area was
classified as marginal under subpart 2
for the 2015 ozone NAAQS. As such,
the area is subject to the subpart 1
requirements contained in section
172(c) and section 176. Similarly, the
area is subject to the subpart 2
requirements contained in section
182(a) (marginal nonattainment area
requirements). A thorough discussion of
the requirements contained in section
172(c) and 182 can be found in the
General Preamble for Implementation of
Title I (57 FR 13498).
i. Subpart 1 Section 172 Requirements
CAA Section 172(b) requires states to
submit SIPs meeting the requirements of
section 172(c) no later than 3 years from
the date of the nonattainment
designation. For the Berrien County
nonattainment area, SIPs required under
CAA section 172 are due August 3,
2021. No requirements applicable for
purposes of redesignation under part D
became due prior to EGLE’s submission
of the complete redesignation request,
and, therefore, none are applicable to
the area for purposes of redesignation.
EPA has previously approved
Michigan’s NSR program on May 16,
2007 (72 FR 27425). Nonetheless, EPA
has determined that, since PSD
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requirements will apply after
redesignation, areas being redesignated
need not comply with the requirement
that an NSR program be approved prior
to redesignation, provided that the area
demonstrates maintenance of the
NAAQS without part D NSR. A more
detailed rationale for this view is
described in a memorandum from Mary
Nichols, Assistant Administrator for Air
and Radiation, dated October 14, 1994,
entitled, ‘‘Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment.’’ EGLE has
demonstrated that the Berrien area will
be able to maintain the 2015 ozone
NAAQS without part D NSR in effect;
therefore, EPA concludes that the state
need not have a fully approved part D
NSR program prior to approval of the
redesignation request. See rulemakings
for Detroit, Michigan (60 FR 12467–
12468, March 7, 1995); ClevelandAkron-Lorain, Ohio (61 FR 20458,
20469–20470, May 7, 1996); Louisville,
Kentucky (66 FR 53665, October 23,
2001); and Grand Rapids, Michigan (61
FR 31834–31837, June 21, 1996). EGLE’s
PSD program will become effective in
the Berrien County area upon
redesignation to attainment. EPA
approved EGLE’s PSD program on
March 25, 2010 (75 FR 14352).
ii. Section 176 Conformity
Requirements
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. The requirement to
determine conformity applies to
transportation plans, programs and
projects that are developed, funded or
approved under title 23 of the United
States Code (U.S.C.) and the Federal
Transit Act (transportation conformity)
as well as to all other federally
supported or funded projects (general
conformity). State transportation
conformity SIP revisions must be
consistent with Federal conformity
regulations relating to consultation,
enforcement and enforceability that EPA
promulgated pursuant to its authority
under the CAA.
EPA interprets the conformity SIP
requirements 2 as not applying for
purposes of evaluating a redesignation
request under section 107(d) because
state conformity rules are still required
2 CAA section 176(c)(4)(E) requires states to
submit revisions to their SIPs to reflect certain
Federal criteria and procedures for determining
transportation conformity. Transportation
conformity SIPs are different from SIPs requiring
the development of MVEBs, such as control strategy
SIPs and maintenance plans.
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after redesignation and Federal
conformity rules apply where state
conformity rules have not been
approved. See Wall v. EPA, 265 F.3d
426 (6th Cir. 2001) (upholding this
interpretation); see also 60 FR 62748
(December 7, 1995) (redesignation of
Tampa, Florida). Nonetheless, EGLE has
an approved conformity SIP for the
Berrien County area. See 61 FR 66607
(December 18, 1996) and 82 FR 17134
(April 20, 2017).
iii. Section 182(a) Requirements
Section 182(a)(1) requires states to
submit a comprehensive, accurate, and
current inventory of actual emissions
from sources of VOC and NOX emitted
within the boundaries of the ozone
nonattainment area within two years of
designation. For the Berrien County
area, this submission is due August 3,
2020. Because it will become due after
EGLE’s submission of a complete
redesignation request for the Berrien
County area, it is not an applicable
requirement for purposes of
redesignation.
Under section 182(a)(2)(A), states
with ozone nonattainment areas that
were designated prior to the enactment
of the 1990 CAA amendments were
required to submit, within six months of
classification, all rules and corrections
to existing VOC reasonably available
control technology (RACT) rules that
were required under section 172(b)(3)
prior to the 1990 CAA amendments. The
Berrien County area is not subject to the
section 182(a)(2) RACT ‘‘fix up’’
requirement for the 2015 ozone NAAQS
because the Berrien County area was
designated as nonattainment for the
2015 ozone NAAQS after the enactment
of the 1990 CAA amendments.
Section 182(a)(2)(B) requires each
state with a marginal ozone
nonattainment area that implemented or
was required to implement a vehicle
inspection and maintenance (I/M)
program prior to the 1990 CAA
amendments to submit a SIP revision for
an I/M program no less stringent than
that required prior to the 1990 CAA
amendments or already in the SIP at the
time of the CAA amendments,
whichever is more stringent. For the
purposes of the 2015 ozone NAAQS and
the consideration of EGLE’s
redesignation request for this standard,
the Berrien County area is not subject to
the section 182(a)(2)(B) requirement
because the Berrien County area was
designated as nonattainment for the
2015 ozone NAAQS after the enactment
of the 1990 CAA amendments.
Section 182(a)(2)(C), under the
heading ‘‘Corrections to the State
implementation plans—Permit
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programs’’ contains a requirement for
states to submit NSR SIP revisions to
meet the requirements of CAA sections
172(c)(5) and 173 within 2 years after
the date of enactment of the 1990 CAA
Amendments. For the purposes of the
2015 ozone NAAQS and the
consideration of EGLE’s redesignation
request for this standard, the Berrien
County area is not subject to the section
182(a)(2)(C) requirement because the
Berrien County area was designated as
nonattainment for the 2015 ozone
NAAQS after the enactment of the 1990
CAA amendments.
Section 182(a)(4) specifies the
emission offset ratio for marginal areas
but does not establish a SIP submission
deadline. EPA’s December 6, 2018
implementation rule for the 2015 ozone
NAAQS clarifies that nonattainment
NSR permit program requirements
applicable to the 2015 NAAQS are due
3 years from the effective date of the
nonattainment designation, i.e., August
3, 2021. See 83 FR 62998, 63001. This
approach is based on the provision in
CAA section 172(b) requiring the
submission of plans or plan revisions
‘‘no later than 3 years from the date of
the nonattainment designation.’’
Because this requirement will become
due after EGLE’s submission of a
complete redesignation request for the
Berrien County area, it is not an
applicable requirement for purposes of
redesignation.
While EGLE has not submitted a
nonattainment NSR SIP revision to
address the 2015 ozone NAAQS, EGLE
currently has a fully-approved part D
NSR program in place. In addition, EPA
approved EGLE’s PSD program on
March 25, 2010 (75 FR 14352). As
discussed above, EGLE has
demonstrated that the Berrien County
area will be able to maintain the 2015
ozone NAAQS without part D NSR in
effect; therefore, EPA concludes that the
state need not have a fully approved
part D NSR program prior to approval of
the redesignation request. The state’s
PSD program will become effective in
the Berrien County area upon
redesignation to attainment.
Section 182(a)(3) requires states to
submit periodic emission inventories
and a revision to the SIP to require the
owners or operators of stationary
sources to annually submit emission
statements documenting actual VOC
and NOX emissions. As discussed below
in section IV.D.4. of this proposed rule,
EGLE will continue to update its
emissions inventory at least once every
3 years. With regard to stationary source
emission statements, this submission is
due August 3, 2020. Because it will
become due after EGLE’s submission of
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a complete redesignation request for the
Berrien County area, it is not an
applicable requirement for purposes of
redesignation.
Therefore, EPA finds that the Berrien
County area has satisfied all applicable
requirements for purposes of
redesignation under section 110 and
part D of title I of the CAA.
2. The Berrien County Area Has a Fully
Approved SIP for Purposes of
Redesignation Under Section 110(k) of
the CAA
At various times, EGLE has adopted
and submitted, and EPA has approved,
provisions addressing the various SIP
elements applicable for the ozone
NAAQS. As discussed above, EPA has
fully approved the Michigan SIP for the
Berrien County area under section
110(k) for all requirements applicable
for purposes of redesignation under the
2015 ozone NAAQS. EPA may rely on
prior SIP approvals in approving a
redesignation request (see the Calcagni
memorandum at page 3; Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989–990 (6th
Cir. 1998); Wall v. EPA, 265 F.3d 426),
plus any additional measures it may
approve in conjunction with a
redesignation action (see 68 FR 25426
(May 12, 2003) and citations therein).
C. Are the air quality improvements in
the Berrien County area due to
permanent and enforceable emission
reductions?
To redesignate an area from
nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires
EPA to determine that the air quality
improvement in the area is due to
permanent and enforceable reductions
in emissions resulting from the
implementation of the SIP and
applicable Federal air pollution control
regulations and other permanent and
enforceable emission reductions. EPA
has determined that EGLE has
demonstrated that that the observed
ozone air quality improvement in the
Berrien County area is due to permanent
and enforceable reductions in VOC and
NOX emissions resulting from state
measures adopted into the SIP and
Federal measures.
In making this demonstration, the
state has calculated the change in
emissions between 2014 and 2017. The
reduction in emissions and the
corresponding improvement in air
quality over this time period can be
attributed to a number of regulatory
control measures that the Berrien
County area and upwind areas have
implemented in recent years. In
addition, EGLE provided an analysis to
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demonstrate the improvement in air
quality was not due to unusually
favorable meteorology. Based on the
information summarized below, EPA
finds that EGLE has adequately
demonstrated that the improvement in
air quality is due to permanent and
enforceable emissions reductions.
1. Permanent and Enforceable Emission
Controls Implemented
a. Regional NOX Controls
Clean Air Interstate Rule (CAIR)/Cross
State Air Pollution Rule (CSAPR). CAIR
created regional cap-and-trade programs
to reduce sulfur dioxide (SO2) and NOX
emissions in 27 eastern states, including
Michigan, that contributed to
downwind nonattainment and
maintenance of the 1997 ozone NAAQS
and the 1997 fine particulate matter
(PM2.5) NAAQS. See 70 FR 25162 (May
12, 2005). EPA approved EGLE’s CAIR
regulations into the Michigan SIP on
August 18, 2009 (74 FR 41637). In 2008,
the United States Court of Appeals for
the District of Columbia Circuit (D.C.
Circuit) initially vacated CAIR, North
Carolina v. EPA, 531 F.3d 896 (DC Cir.
2008), but ultimately remanded the rule
to EPA without vacatur to preserve the
environmental benefits provided by
CAIR, North Carolina v. EPA, 550 F.3d
1176, 1178 (D.C. Cir. 2008). On August
8, 2011 (76 FR 48208), acting on the
D.C. Circuit’s remand, EPA promulgated
CSAPR to replace CAIR and thus
addressed the interstate transport of
emissions contributing to nonattainment
and interfering with maintenance of the
two air quality standards covered by
CAIR as well as the 2006 PM2.5 NAAQS.
CSAPR requires substantial reductions
of SO2 and NOX emissions from electric
generating units (EGUs) in 28 states in
the Eastern United States.
The D.C. Circuit’s initial vacatur of
CSAPR 3 was reversed by the United
States Supreme Court on April 29, 2014,
and the case was remanded to the D.C.
Circuit to resolve remaining issues in
accordance with the high court’s ruling.
EPA v. EME Homer City Generation,
L.P., 134 S. Ct. 1584 (2014). On remand,
the D.C. Circuit affirmed CSAPR in most
respects, but invalidated without
vacating some of the CSAPR budgets as
to a number of states. EME Homer City
Generation, L.P. v. EPA, 795 F.3d 118
(D.C. Cir. 2015). The remanded budgets
include the Phase 2 NOX ozone season
emissions budgets for Michigan. On
September 7, 2016, in response to the
remand, EPA finalized an update to
CSAPR requiring further reductions in
NOX emissions from EGUs beginning in
3 EME Homer City Generation, L.P. v. EPA, 696
F.3d 7, 38 (D.C. Cir. 2012).
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29899
May 2017. This final rule was projected
to result in a 20% reduction in ozone
season NOX emissions from EGUs in the
eastern United States, a reduction of
80,000 tons in 2017 compared to 2015
levels.
There are no EGUs in the Berrien
County area. However, the reduction in
NOX emissions from the
implementation of CSAPR results in
lower concentration of transported
ozone entering the Berrien County area
upon implementation of the phase 2
budgets in 2017 and throughout the
maintenance period.
b. Federal Emission Control Measures
Reductions in VOC and NOX
emissions have occurred statewide and
in upwind areas as a result of Federal
emission control measures, with
additional emission reductions expected
to occur in the future. Federal emission
control measures include the following.
Tier 2 Emission Standards for
Vehicles and Gasoline Sulfur Standards.
On February 10, 2000 (65 FR 6698), EPA
promulgated Tier 2 motor vehicle
emission standards and gasoline sulfur
control requirements. These emission
control requirements result in lower
VOC and NOX emissions from new cars
and light duty trucks, including sport
utility vehicles. With respect to fuels,
this rule required refiners and importers
of gasoline to meet lower standards for
sulfur in gasoline, which were phased
in between 2004 and 2006. By 2006,
refiners were required to meet a 30 ppm
average sulfur level, with a maximum
cap of 80 ppm. This reduction in fuel
sulfur content ensures the effectiveness
of low emission-control technologies.
The Tier 2 tailpipe standards
established in this rule were phased in
for new vehicles between 2004 and
2009. EPA estimates that, when fully
implemented, this rule will cut NOX
and VOC emissions from light-duty
vehicles and light-duty trucks by
approximately 76% and 28%,
respectively. NOX and VOC reductions
from medium-duty passenger vehicles
included as part of the Tier 2 vehicle
program are estimated to be
approximately 37,000 and 9,500 tons
per year, respectively, when fully
implemented. As projected by these
estimates and demonstrated in the onroad emission modeling for the Berrien
County area, much of these emission
reductions occurred by the attainment
years and additional emission
reductions will occur throughout the
maintenance period, as older vehicles
are replaced with newer, compliant
model years.
Tier 3 Emission Standards for
Vehicles and Gasoline Sulfur Standards.
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On April 28, 2014 (79 FR 23414), EPA
promulgated Tier 3 motor vehicle
emission and fuel standards to reduces
both tailpipe and evaporative emissions
and to further reduce the sulfur content
in fuels. The rule will be phased in
between 2017 and 2025. Tier 3 sets new
tailpipe standards for the sum of VOC
and NOX and for particulate matter. The
VOC and NOX tailpipe standards for
light-duty vehicles represent
approximately an 80% reduction from
today’s fleet average and a 70%
reduction in per-vehicle particulate
matter (PM) standards. Heavy-duty
tailpipe standards represent about a
60% reduction in both fleet average
VOC and NOX and per-vehicle PM
standards. The evaporative emissions
requirements in the rule will result in
approximately a 50% reduction from
current standards and apply to all lightduty and on-road gasoline-powered
heavy-duty vehicles. Finally, the rule
lowers the sulfur content of gasoline to
an annual average of 10 ppm by January
2017. As projected by these estimates
and demonstrated in the on-road
emission modeling for the Berrien
County area, some of these emission
reductions occurred by the attainment
years and additional emission
reductions will occur throughout the
maintenance period, as older vehicles
are replaced with newer, compliant
model years.
Heavy-Duty Diesel Engine Rules. In
July 2000, EPA issued a rule for on-road
heavy-duty diesel engines that includes
standards limiting the sulfur content of
diesel fuel. Emissions standards for
NOX, VOC and PM were phased in
between model years 2007 and 2010. In
addition, the rule reduced the highway
diesel fuel sulfur content to 15 ppm by
2007, leading to additional reductions
in combustion NOX and VOC emissions.
EPA has estimated future year emission
reductions due to implementation of
this rule. Nationally, EPA estimated that
2015 NOX and VOC emissions would
decrease by 1,260,000 tons and 54,000
tons, respectively. Nationally, EPA
estimated that by 2030 NOX and VOC
emissions will decrease by 2,570,000
tons and 115,000 tons, respectively. As
projected by these estimates and
demonstrated in the on-road emission
modeling for the Berrien County area,
some of these emission reductions
occurred by the attainment years and
additional emission reductions will
occur throughout the maintenance
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period, as older vehicles are replaced
with newer, compliant model years.
Non-road Diesel Rule. On June 29,
2004 (69 FR 38958), EPA issued a rule
adopting emissions standards for nonroad diesel engines and sulfur
reductions in non-road diesel fuel. This
rule applies to diesel engines used
primarily in construction, agricultural,
and industrial applications. Emission
standards are phased in for 2008
through 2015 model years based on
engine size. The SO2 limits for non-road
diesel fuels were phased in from 2007
through 2012. EPA estimates that when
fully implemented, compliance with
this rule will cut NOX emissions from
these non-road diesel engines by
approximately 90%. As projected by
these estimates and demonstrated in the
non-road emission modeling for the
Berrien County area, some of these
emission reductions occurred by the
attainment years and additional
emission reductions will occur
throughout the maintenance period.
Non-road Spark-Ignition Engines and
Recreational Engine Standards. On
November 8, 2002 (67 FR 68242), EPA
adopted emission standards for large
spark-ignition engines such as those
used in forklifts and airport groundservice equipment; recreational vehicles
such as off-highway motorcycles, allterrain vehicles, and snowmobiles; and
recreational marine diesel engines.
These emission standards are phased in
from model year 2004 through 2012.
When fully implemented, EPA estimates
an overall 72% reduction in VOC
emissions from these engines and an
80% reduction in NOX emissions. As
projected by these estimates and
demonstrated in the non-road emission
modeling for the Berrien County area,
some of these emission reductions
occurred by the attainment years and
additional emission reductions will
occur throughout the maintenance
period.
Category 3 Marine Diesel Engine
Standards. On April 30, 2010 (75 FR
22896) EPA issued emission standards
for marine compression-ignition engines
at or above 30 liters per cylinder. Tier
2 emission standards apply beginning in
2011 and are expected to result in a 15
to 25% reduction in NOX emissions
from these engines. Final Tier 3
emission standards apply beginning in
2016 and are expected to result in
approximately an 80% reduction in
NOX from these engines. As projected
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Sfmt 4702
by these estimates and demonstrated in
the non-road emission modeling for the
Berrien County area, some of these
emission reductions occurred by the
attainment years and additional
emission reductions will occur
throughout the maintenance period.
2. Emission Reductions
Michigan is using a 2014 emissions
inventory as the nonattainment year.
This is appropriate because it was one
of the years used to designate the area
as nonattainment. Michigan is using
2017 as the attainment year, which is
appropriate because it is one of the
years in the 2017–2019 period used to
demonstrate attainment.
Area, point, and non-road mobile
emissions were collected from data
available on EPA’s Air Emissions
Modeling and National Emissions
Inventory (NEI) websites.4 Using
Emissions Modeling platform 2016v1,
EGLE used 2016fh, 2023fh and 2028fh
versions of the 2016v1 platform and
2014 NEI version 2 for this analysis.
Tons per summer day (TPSD) emissions
for the area and point sectors were then
derived by dividing the annual
emissions by 365. This method of
deriving TPSD for the area and point
sectors takes the conservative approach
of assuming steady operation over 365
days each year. TPSD emissions for the
non-road sector were derived by
dividing the annual value by 330. This
method of deriving TPSD accounts for
non-road sources possibly having
slightly higher emissions in the
summer. 2017 emissions were derived
by linear interpolation between 2016
and 2023 (2016fh and 2023fh). 2030
emissions were derived by linear
interpolation between 2023 and 2028
(2023fh and 2028fh).
On-road mobile source emissions
were calculated from emission factors
produced by EPA’s Motor Vehicle
Emission Simulator model,
MOVES2014a, and data extracted from
the region’s travel-demand model.
Using the inventories described
above, EGLE’s submittal documents
changes in VOC and NOX emissions
from 2014 to 2017 for the Berrien
County area. Emissions data are shown
in Tables 2 through 6.
4 www.epa.gov/air-emissions-modeling/2016v1platform.
www.epa.gov/air-emissions-inventories/2014national-emissions-inventory-nei-data.
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TABLE 2—BERRIEN COUNTY AREA NOX EMISSIONS FOR NONATTAINMENT YEAR 2014 (TPSD)
County
Point
Berrien ..................................................................................
Area
1.61
Non-road
2.21
On-road
2.22
Total
9.01
15.05
TABLE 3—BERRIEN COUNTY AREA VOC EMISSIONS FOR NONATTAINMENT YEAR 2014 (TPSD)
County
Point
Berrien ..................................................................................
Area
1.34
Non-road
7.38
On-road
3.81
Total
4.81
17.34
TABLE 4—BERRIEN COUNTY AREA NOX EMISSIONS FOR ATTAINMENT YEAR 2017 (TPSD)
County
Point
Berrien ..................................................................................
Area
1.59
Non-road
2.18
On-road
1.08
Total
5.94
10.79
TABLE 5—BERRIEN COUNTY AREA VOC EMISSIONS FOR ATTAINMENT YEAR 2017 (TPSD)
County
Point
Berrien ..................................................................................
Area
1.20
Non-road
7.38
On-road
1.36
Total
3.50
13.44
TABLE 6—CHANGE IN NOX AND VOC EMISSIONS IN THE BERRIEN COUNTY AREA BETWEEN 2014 AND 2017 (TPSD).
NoX
VOC
County
Point
Berrien .....................
Area
–0.02
Non-road
–0.03
As shown in Table 6, NOX and VOC
emissions in the Berrien County area
declined by 4.26 TPSD and 3.9 TPSD,
respectively, between 2014 and 2017.
3. Meteorology
To further support EGLE’s
demonstration that the improvement in
air quality between the year violations
occurred and the year attainment was
achieved is due to permanent and
enforceable emission reductions and not
unusually favorable meteorology, an
analysis was performed by EGLE. EGLE
analyzed the maximum fourth-high 8hour ozone values for May, June, July,
August, and September, as those months
are more likely to have days over 80
degrees, leading to higher ozone
formation for years 2000 to 2019.
First, the daily maximum 8-hour
ozone concentration at the Coloma
monitor in the Berrien County area was
compared to the number of days where
the maximum temperature was greater
than or equal to 80 °F. While there is a
clear trend in decreasing ozone
concentrations at the monitor, there is
no such trend in the temperature data.
EGLE also examined the relationship
between the average summer
temperature for each year of the 2000–
2019 period and the annual fourth-high
8-hour ozone concentration. EGLE
conducted this analysis using the
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On-road
–1.14
–3.07
Total
–4.26
Point
–0.14
fourth-high 8-hour ozone concentration
from the Coloma monitor in the Berrien
County area. While there is some
correlation between average summer
temperatures and ozone concentrations,
this correlation does not exist over the
study period. The linear regressions for
each data set demonstrate that average
summer temperatures have increased
over the 2000 to 2019 period while
average ozone concentrations have
decreased. Because the correlation
between temperature and ozone
formation is well established, these data
suggest that reductions in precursors are
responsible for the reductions in ozone
concentrations in the Berrien County
area and not unusually favorable
summer temperatures.
Finally, EGLE analyzed the
relationship between average
summertime relative humidity and
fourth-high 8-hour ozone
concentrations. The data did not show
a correlation between relative humidity
and ozone concentrations.
As discussed above, EGLE identified
numerous Federal rules that resulted in
the reduction of VOC and NOx
emissions from 2014 to 2017. In
addition, EGLE’s analyses of
meteorological variables associated with
ozone formation demonstrate that the
improvement in air quality in the
Berrien County area between the year
PO 00000
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Area
Non-road
0
–2.45
On-road
–1.31
Total
–3.9
violations occurred and the year
attainment was achieved is not due to
unusually favorable meteorology.
Therefore, EPA finds that Michigan has
shown that the air quality
improvements in the Berrien County
area are due to permanent and
enforceable emissions reductions.
D. Does EGLE have a fully approvable
ozone maintenance plan for the Berrien
County area?
As one of the criteria for redesignation
to attainment section 107(d)(3)(E)(iv) of
the CAA requires EPA to determine that
the area has a fully approved
maintenance plan pursuant to section
175A of the CAA. Section 175A of the
CAA sets forth the elements of a
maintenance plan for areas seeking
redesignation from nonattainment to
attainment. Under section 175A, the
maintenance plan must demonstrate
continued attainment of the NAAQS for
at least 10 years after the Administrator
approves a redesignation to attainment.
Eight years after the redesignation, the
state must submit a revised maintenance
plan which demonstrates that
attainment of the NAAQS will continue
for an additional 10 years beyond the
initial 10-year maintenance period. To
address the possibility of future NAAQS
violations, the maintenance plan must
contain contingency measures, as EPA
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deems necessary, to assure prompt
correction of the future NAAQS
violation.
The Calcagni Memorandum provides
further guidance on the content of a
maintenance plan, explaining that a
maintenance plan should address five
elements: (1) An attainment emission
inventory; (2) a maintenance
demonstration; (3) a commitment for
continued air quality monitoring; (4) a
process for verification of continued
attainment; and (5) a contingency plan.
In conjunction with its request to
redesignate the Berrien County area to
attainment for the 2015 ozone NAAQS,
EGLE submitted a SIP revision to
provide for maintenance of the 2015
ozone NAAQS through 2030, more than
10 years after the expected effective date
of the redesignation to attainment. As
discussed below, EPA proposes to find
that EGLE’s ozone maintenance plan
includes the necessary components and
approve the maintenance plan as a
revision of the Michigan SIP.
1. Attainment Inventory
EPA is proposing to determine that
the Berrien County area has attained the
2015 ozone NAAQS based on
monitoring data for the period of 2017–
2019. EGLE selected 2017 as the
attainment emissions inventory year to
establish attainment emission levels for
VOC and NOX. The attainment
emissions inventory identifies the levels
of emissions in the Berrien County area
that are sufficient to attain the 2015
ozone NAAQS. The derivation of the
attainment year emissions was
discussed above in section IV.C.2. of
this proposed rule. The attainment level
emissions, by source category, are
summarized in Tables 4 and 5 above.
2. Has the state documented
maintenance of the ozone standard in
the Berrien County area?
EGLE has demonstrated maintenance
of the 2015 ozone NAAQS through 2030
by assuring that current and future
emissions of VOC and NOX for the
Berrien County area remain at or below
attainment year emission levels. A
maintenance demonstration need not be
based on modeling. See Wall v. EPA,
265 F.3d 426 (6th Cir. 2001), Sierra Club
v. EPA, 375 F. 3d 537 (7th Cir. 2004).
See also 66 FR 53094, 53099–53100
(October 19, 2001), 68 FR 25413, 25430–
25432 (May 12, 2003).
EGLE is using emissions inventories
for the years 2023 and 2030 to
demonstrate maintenance. 2030 is more
than 10 years after the expected
effective date of the redesignation to
attainment and 2023 was selected to
demonstrate that emissions are not
expected to spike in the interim
between the attainment year and the
final maintenance year. The emissions
inventories were developed as described
below.
Point, area and non-road mobile
emissions were collected from data
available on EPA’s Air Emissions
Modeling website. Using Emissions
Modeling platform 2016v1, EGLE
collected data for the 2023 and 2028
projected inventories. TPSD emissions
for the area and point sectors were then
derived by dividing the annual
emissions by 365. TPSD emissions for
the non-road sector were derived by
dividing the annual value by 330. For
interim year 2023, version 2023fh was
used without modification. 2030
emissions were derived by extrapolating
from version 2023fh and 2028fh.
On-road mobile source emissions
were calculated from emission factors
produced by EPA’s MOVES2014a model
and data extracted from the region’s
travel-demand model. Emissions data
are shown in Tables 7 through 11 below.
TABLE 7—BERRIEN COUNTY AREA NOX EMISSIONS FOR INTERIM MAINTENANCE YEAR 2023 (TPSD)
County
Point
Berrien ..................................................................................
Area
2.25
Non-road
2.10
On-road
0.79
Total
3.15
8.29
TABLE 8—BERRIEN COUNTY AREA VOC EMISSIONS FOR INTERIM MAINTENANCE YEAR 2023 (TPSD)
County
Point
Berrien ..................................................................................
Area
1.26
Non-road
7.28
On-road
1.06
Total
2.24
11.84
TABLE 9—BERRIEN COUNTY AREA NOX EMISSIONS FOR MAINTENANCE YEAR 2030 (TPSD)
County
Point
Berrien ..................................................................................
Area
2.25
Non-road
2.05
On-road
0.65
Total
1.85
6.80
TABLE 10—BERRIEN COUNTY AREA VOC EMISSIONS FOR MAINTENANCE YEAR 2030 (TPSD)
County
Point
Berrien ..................................................................................
Area
1.24
Non-road
7.15
On-road
1.00
Total
1.70
11.09
TABLE 11—CHANGE IN NOX AND VOC EMISSIONS IN THE BERRIEN COUNTY AREA BETWEEN 2017 AND 2030 (TPSD)
NOX
2017
Point ..................................................................................................
Area ..................................................................................................
Non-road ...........................................................................................
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1.59
2.18
1.08
Fmt 4702
2023
2.25
2.10
0.79
Sfmt 4702
VOC
2030
2.25
2.05
0.65
Net
change
(2017–
2030)
0.66
–0.13
–0.43
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2017
1.20
7.38
1.36
19MYP1
2023
1.26
7.28
1.06
2030
1.24
7.15
1.00
Net
change
(2017–
2030)
0.04
–0.23
–0.36
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TABLE 11—CHANGE IN NOX AND VOC EMISSIONS IN THE BERRIEN COUNTY AREA BETWEEN 2017 AND 2030 (TPSD)—
Continued
NOX
2017
2023
VOC
2030
Net
change
(2017–
2030)
2017
2023
2030
Net
change
(2017–
2030)
On-road .............................................................................................
5.94
3.15
1.85
–4.09
3.50
2.24
1.70
–1.80
Total ...........................................................................................
10.79
8.29
6.80
–3.99
13.44
11.84
11.09
–2.35
In summary, EGLE’s maintenance
demonstration for the Berrien County
area shows maintenance of the 2015
ozone NAAQS by providing emissions
information to support the
demonstration that future emissions of
NOX and VOC will remain at or below
2017 emission levels when taking into
account both future source growth and
implementation of future controls. Table
11 shows NOX and VOC emissions in
the Berrien County area are projected to
decrease by 3.99 TPSD and 2.35 TPSD,
respectively, between 2017 and 2030.
3. Continued Air Quality Monitoring
EGLE has committed to continue to
operate the ozone monitor listed in
Table 1 above. EGLE has committed to
consult with EPA prior to making
changes to the existing monitoring
network should changes become
necessary in the future. EGLE remains
obligated to meet monitoring
requirements and continue to quality
assure monitoring data in accordance
with 40 CFR part 58, and to enter all
data into the AQS in accordance with
Federal guidelines.
4. Verification of Continued Attainment
The State of Michigan has confirmed
that it has the legal authority to enforce
and implement the requirements of the
maintenance plan for the Berrien
County area. This includes the authority
to adopt, implement, and enforce any
subsequent emission control measures
determined to be necessary to correct
future ozone attainment problems.
Verification of continued attainment
is accomplished through operation of
the ambient ozone monitoring network
and the periodic update of the area’s
emissions inventory. EGLE will
continue to operate the current ozone
monitor located in the Berrien County
area. There are no plans to discontinue
operation, relocate, or otherwise change
the existing ozone monitoring network
other than through revisions in the
network approved by EPA.
In addition, to track future levels of
emissions, EGLE will continue to
develop and submit to EPA updated
emission inventories for all source
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categories at least once every 3 years,
consistent with the requirements of 40
CFR part 51, subpart A, and in 40 CFR
51.122. The Consolidated Emissions
Reporting Rule (CERR) was promulgated
by EPA on June 10, 2002 (67 FR 39602).
The CERR was replaced by the Annual
Emissions Reporting Requirements
(AERR) on December 17, 2008 (73 FR
76539). The most recent triennial
inventory for Michigan was compiled
for 2014, and 2017 is in progress. Point
source facilities covered by EGLE’s
emission statement rule, Michigan
Administrative Code Chapter 3745–24,
will continue to submit VOC and NOX
emissions on an annual basis.
5. What is the contingency plan for the
Berrien County area?
Section 175A of the CAA requires that
the state must adopt a maintenance
plan, as a SIP revision, that includes
such contingency measures as EPA
deems necessary to assure that the state
will promptly correct a violation of the
NAAQS that occurs after redesignation
of the area to attainment of the NAAQS.
The maintenance plan must identify:
The contingency measures to be
considered and, if needed for
maintenance, adopted and
implemented; a schedule and procedure
for adoption and implementation; and,
a time limit for action by the state. The
state should also identify specific
indicators to be used to determine when
the contingency measures need to be
considered, adopted, and implemented.
The maintenance plan must include a
commitment that the state will
implement all measures with respect to
the control of the pollutant that were
contained in the SIP before
redesignation of the area to attainment
in accordance with section 175A(d) of
the CAA.
As required by section 175A of the
CAA, EGLE has adopted a contingency
plan for the Berrien County area to
address possible future ozone air quality
problems. The contingency plan
adopted by EGLE has two levels of
response, a warning level response and
an action level response.
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In EGLE’s plan, a warning level
response will be triggered when an
annual fourth high monitored value of
0.074 ppm or higher is monitored
within the maintenance area. A warning
level response will consist of EGLE
conducting a study to determine
whether the ozone value indicates a
trend toward higher ozone values or
whether emissions appear to be
increasing. The study will evaluate
whether the trend, if any, is likely to
continue and, if so, the control measures
necessary to reverse the trend. The
study will consider ease and timing of
implementation as well as economic
and social impacts. Implementation of
necessary controls in response to a
warning level response trigger will take
place within 12 months from the
conclusion of the most recent ozone
season.
In EGLE’s plan, an action level
response is triggered when a two-year
average fourth high value of 0.071 ppm
or greater is monitored within the
maintenance area. A violation of the
2015 ozone NAAQS within the
maintenance area also triggers an action
level response. When an action level
response is triggered, EGLE, in
conjunction with the metropolitan
planning organization or regional
council of governments, will determine
what additional control measures are
needed to assure future attainment of
the 2015 ozone NAAQS. Control
measures selected will be adopted and
implemented within 18 months from
the close of the ozone season that
prompted the action level. EGLE may
also consider if significant new
regulations not currently included as
part of the maintenance provisions will
be implemented in a timely manner and
would thus constitute an adequate
contingency measure response.
EGLE included the following list of
potential contingency measures in its
maintenance plan:
1. Adopt VOC RACT on existing
sources covered by EPA Control
Technique Guidelines issued after the
1990 CAA.
2. Apply VOC RACT to smaller
existing sources.
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A. Motor Vehicle Emission Budgets
93 set forth EPA policy, criteria, and
procedures for demonstrating and
assuring conformity of transportation
activities to a SIP. Transportation
conformity is a requirement for
nonattainment and maintenance areas.
Maintenance areas are areas that were
previously nonattainment for a
particular NAAQS, but that have been
redesignated to attainment with an
approved maintenance plan for the
NAAQS.
Under the CAA, states are required to
submit, at various times, control strategy
SIPs for nonattainment areas and
maintenance plans for areas seeking
redesignations to attainment of the
ozone standard and maintenance areas.
See the SIP requirements for the 2015
ozone NAAQS in EPA’s December 6,
2018 implementation rule (83 FR
62998). These control strategy SIPs
(including reasonable further progress
plans and attainment plans) and
maintenance plans must include MVEBs
for criteria pollutants, including ozone,
and their precursor pollutants (VOC and
NOX for ozone) to address pollution
from on-road transportation sources.
The MVEBs are the portion of the total
allowable emissions that are allocated to
highway and transit vehicle use that,
together with emissions from other
sources in the area, will provide for
attainment or maintenance. See 40 CFR
93.101.
Under 40 CFR part 93, a MVEB for an
area seeking a redesignation to
attainment must be established, at
minimum, for the last year of the
maintenance plan. A state may adopt
MVEBs for other years as well. The
MVEB serves as a ceiling on emissions
from an area’s planned transportation
system. The MVEB concept is further
explained in the preamble to the
November 24, 1993, Transportation
Conformity Rule (58 FR 62188). The
preamble also describes how to
establish the MVEB in the SIP and how
to revise the MVEB, if needed,
subsequent to initially establishing a
MVEB in the SIP.
Under section 176(c) of the CAA, new
transportation plans, programs, or
projects that receive Federal funding or
support, such as the construction of new
highways, must ‘‘conform’’ to (i.e., be
consistent with) the SIP. Conformity to
the SIP means that transportation
activities will not cause new air quality
violations, worsen existing air quality
problems, or delay timely attainment of
the NAAQS or interim air quality
milestones. Regulations at 40 CFR part
B. What is the status of EPA’s adequacy
determination for the proposed VOC
and NOX MVEBs for the Berrien County
area?
When reviewing submitted control
strategy SIPs or maintenance plans
containing MVEBs, EPA must
affirmatively find that the MVEBs
contained therein are adequate for use
in determining transportation
conformity. Once EPA affirmatively
finds that the submitted MVEBs are
3. One or more transportation control
measures sufficient to achieve at least
half a percent reduction in actual area
wide VOC emissions. Transportation
measures will be selected from the
following, based upon the factors listed
above after consultation with affected
local governments:
a. trip reduction programs, including,
but not limited to, employer-based
transportation management plans, area
wide rideshare programs, work schedule
changes, and telecommuting;
b. traffic flow and transit
improvements; and
c. other new or innovative
transportation measures not yet in
widespread use that affected local
governments deem appropriate.
4. Alternative fuel and diesel retrofit
programs for fleet vehicle operations.
5. Require VOC or NOX controls on
new minor sources (less than 100 tons).
To qualify as a contingency measure,
emissions reductions from that measure
must not be factored into the emissions
projections used in the maintenance
plan.
EPA has concluded that EGLE’s
maintenance plan adequately addresses
the five basic components of a
maintenance plan: Attainment
inventory, maintenance demonstration,
monitoring network, verification of
continued attainment, and a
contingency plan. In addition, as
required by section 175A(b) of the CAA,
EGLE has committed to submit to EPA
an updated ozone maintenance plan
eight years after redesignation of the
Berrien County area to cover an
additional ten years beyond the initial
10-year maintenance period. Thus, EPA
finds that the maintenance plan SIP
revision submitted by EGLE for the
Berrien County area meets the
requirements of section 175A of the
CAA and EPA proposes to approve it as
a revision to the Michigan SIP.
V. Has the State adopted approvable
Motor Vehicle Emission Budgets?
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adequate for transportation purposes,
the MVEBs must be used by state and
Federal agencies in determining
whether proposed transportation
projects conform to the SIP as required
by section 176(c) of the CAA.
EPA’s substantive criteria for
determining adequacy of a MVEB are set
out in 40 CFR 93.118(e)(4). The process
for determining adequacy consists of
three basic steps: Public notification of
a SIP submission; provision for a public
comment period; and EPA’s adequacy
determination. This process for
determining the adequacy of submitted
MVEBs for transportation conformity
purposes was initially outlined in EPA’s
May 14, 1999 guidance, ‘‘Conformity
Guidance on Implementation of March
2, 1999, Conformity Court Decision.’’
EPA adopted regulations to codify the
adequacy process in the Transportation
Conformity Rule Amendments for the
‘‘New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and
Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule
Amendments—Response to Court
Decision and Additional Rule Change,’’
on July 1, 2004 (69 FR 40004).
Additional information on the adequacy
process for transportation conformity
purposes is available in the proposed
rule titled, ‘‘Transportation Conformity
Rule Amendments: Response to Court
Decision and Additional Rule Changes,’’
68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, EGLE’s
maintenance plan includes NOX and
VOC MVEBs for the Berrien County area
for 2030 and 2023, the last year of the
maintenance period and an interim
year, respectively. EPA has reviewed the
VOC and NOX MVEBs and, in this
action, is proposing to find them
adequate for approval into the SIP.
Michigan’s January 30, 2020
maintenance plan SIP submission,
including the VOC and NOX MVEBs for
the Berrien County area, is open for
public comment via this proposed
rulemaking. The submitted maintenance
plan, which included the MVEBs, was
endorsed by the Governor’s designee
and was subject to a state public
hearing. The MVEBS were developed as
part of an interagency consultation
process which includes Federal, state,
and local agencies. The MVEBS were
clearly identified and precisely
quantified. These MVEBs, when
considered together with all other
emissions sources, are consistent with
maintenance of the 2015 ozone NAAQS.
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TABLE 12—MVEBS FOR THE BERRIEN COUNTY AREA
[TPSD]
Attainment
year 2017
on-road
emissions
VOC ...............................................................
NOX ...............................................................
3.50
5.94
As shown in Table 12, the 2023 and
2030 MVEBs exceed the estimated 2023
and 2030 on-road sector emissions. In
an effort to accommodate future
variations in travel demand models and
vehicle miles traveled forecast, EGLE
allocated a portion of the safety margin
(described further below) to the mobile
sector. EGLE has demonstrated that the
Berrien County area can maintain the
2015 ozone NAAQS with mobile source
emissions at or below 3.41 TPSD and
3.44 TPSD of VOC and 4.93 TPSD and
4.74 TPSD of NOX in 2023 and 2030,
respectively, since despite partial
allocation of the safety margin,
emissions will remain under attainment
year emission levels. EPA finds
adequate and is proposing to approve
the MVEBs for use to determine
transportation conformity in the Berrien
County area, because EPA has
determined that the area can maintain
attainment of the 2015 ozone NAAQS
for the relevant maintenance period
with mobile source emissions at the
levels of the MVEBs.
C. What is a safety margin?
A ‘‘safety margin’’ is the difference
between the attainment level of
emissions (from all sources) and the
projected level of emissions (from all
sources) in the maintenance plan. As
noted in Table 11, the emissions in the
Berrien County area are projected to
have safety margins of 2.89 TPSD for
NOX and 1.87 TPSD for VOC in 2030
(the difference between the attainment
year, 2017, emissions and the projected
2030 emissions for all sources in the
Berrien County area). Similarly, there is
a safety margin of 1.78 TPSD for NOX
and 1.17 TPSD for VOC in 2023. Even
if emissions exceeded projected levels
by the full amount of the safety margin,
the counties would still demonstrate
maintenance since emission levels
would equal those in the attainment
year.
As shown in Table 12 above, EGLE is
allocating a portion of that safety margin
to the mobile source sector. Specifically,
in 2023, EGLE is allocating 1.17 TPSD
and 1.78 TPSD of the VOC and NOX
safety margins, respectively. In 2030,
EGLE is allocating 1.87 TPSD and 2.89
TPSD of the VOC and NOX safety
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2023
Estimated
on-road
emissions
2023 Mobile
safety margin
allocation
2.24
3.15
2023 MVEBs
1.17
1.78
3.41
4.93
margins, respectively. EGLE is not
requesting allocation to the MVEBs of
the entire available safety margins
reflected in the demonstration of
maintenance. In fact, the amount
allocated to the MVEBs represents only
a small portion of the 2023 and 2030
safety margins. Therefore, even though
the State is requesting MVEBs that
exceed the projected on-road mobile
source emissions for 2023 and 2030
contained in the demonstration of
maintenance, the permissible level of
on-road mobile source emissions that
can be considered for transportation
conformity purposes is well within the
safety margins of the ozone maintenance
demonstration. Further, once allocated
to mobile sources, these safety margins
will not be available for use by other
sources.
VI. Proposed Actions
EPA is proposing to determine that
the Berrien County nonattainment area
is attaining the 2015 ozone NAAQS
based on quality-assured and certified
monitoring data for 2017–2019 and the
area has met the requirements for
redesignation under section 107(d)(3)(E)
of the CAA. EPA is thus proposing to
change the legal designation of the
Berrien County area from nonattainment
to attainment for the 2015 ozone
NAAQS. EPA is also proposing to
approve, as a revision to the Michigan
SIP, the state’s maintenance plan for the
area. The maintenance plan is designed
to keep the Berrien County area in
attainment of the 2015 ozone NAAQS
through 2030. Finally, EPA finds
adequate and is proposing to approve
the newly-established 2023 and 2030
MVEBs for the Berrien County area.
VII. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by state law. A redesignation to
attainment does not in and of itself
create any new requirements, but rather
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2030
Estimated
on-road
emissions
1.70
1.85
2030 Mobile
safety margin
allocation
1.87
2.89
2030 MVEBs
3.44
4.74
results in the applicability of
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
CAA 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 CAA. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
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 CAA; and
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• 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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because
redesignation is an action that affects
the status of a geographical area and
does not impose any new regulatory
requirements on tribes, impact any
existing sources of air pollution on
tribal lands, nor impair the maintenance
of ozone national ambient air quality
standards in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: May 7, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020–10137 Filed 5–18–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 79, 80, 86, 1037, and 1090
[EPA–HQ–OAR–2018–0227; FRL–10009–56–
OAR]
RIN 2060–AT31
Public Hearing for Fuels Regulatory
Streamlining
Environmental Protection
Agency (EPA).
ACTION: Notification of public hearing.
AGENCY:
The Environmental Protection
Agency (EPA) is announcing a virtual
public hearing to be held May 28, 2020,
on its proposal for the ‘‘Fuels Regulatory
Streamlining Rule,’’ which was signed
on April 13, 2020. EPA is proposing to
update its existing gasoline, diesel, and
other fuels programs to improve overall
compliance assurance and maintain
SUMMARY:
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environmental performance, while
reducing compliance costs for industry
and EPA.
DATES: EPA will hold a virtual public
hearing on May 28, 2020. Please refer to
the SUPPLEMENTARY INFORMATION section
for additional information on the public
hearing.
ADDRESSES: The virtual public hearing
will be held on May 28, 2020. The
hearing will begin at 10:00 a.m. Eastern
Time (ET) and end when all parties who
wish to speak have had an opportunity
to do so. All hearing attendees
(including even those who do not
intend to provide testimony) should
notify the contact person listed under
FOR FURTHER INFORMATION CONTACT by
May 21, 2020. Additional information
regarding the hearing appears below
under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Nick
Parsons, Office of Transportation and
Air Quality, Assessment and Standards
Division, Environmental Protection
Agency, 2000 Traverwood Drive, Ann
Arbor, MI 48105; telephone number:
734–214–4479; email address: ASDRegistration@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is
proposing to streamline its existing fuel
quality regulations in 40 CFR part 80 by
removing expired provisions,
eliminating redundant compliance
provisions (e.g., duplicative registration
requirements that are required by every
EPA fuels program), removing
unnecessary and out-of-date
requirements, and replacing them with
a single set of provisions and definitions
in 40 CFR part 1090 that will apply
across all gasoline, diesel, and other
fuels programs that EPA currently
regulates. This action does not propose
to change the stringency of the existing
fuel quality standards. The Fuels
Regulatory Streamlining proposal was
signed on April 13, 2020, and will be
published separately in the Federal
Register. The pre-publication version is
available at https://www.epa.gov/dieselfuel-standards/fuels-regulatorystreamlining.
Participation in virtual public
hearing. Please note that EPA is
deviating from its typical approach
because the President has declared a
national emergency. Because of current
CDC recommendations, as well as state
and local orders for social distancing to
limit the spread of COVID–19, EPA
cannot hold in-person public meetings
at this time.
The virtual public hearing will
provide interested parties the
opportunity to present data, views, or
arguments concerning the proposal
(which is available at https://
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www.epa.gov/diesel-fuel-standards/
fuels-regulatory-streamlining). EPA may
ask clarifying questions during the oral
presentations but will not respond to
the presentations at that time. Written
statements and supporting information
submitted during the comment period
will be considered with the same weight
as any oral comments and supporting
information presented at the public
hearing. EPA recommends submitting
the text of your oral comments as
written comments to the rulemaking
docket. Written comments must be
received by the last day of the comment
period, as specified in the notice of
proposed rulemaking.
EPA is also asking all hearing
attendees to pre-register for the hearing,
even those who do not intend to provide
testimony. This will help EPA ensure
that sufficient phone lines will be
available.
Please note that any updates made to
any aspect of the hearing logistics,
including potential additional sessions,
will be posted online at the EPA’s Fuels
Regulatory Streamlining website
(https://www.epa.gov/diesel-fuelstandards/fuels-regulatorystreamlining). While EPA expects the
hearing to go forward as set forth above,
please monitor our website or contact
the person listed in the FOR FURTHER
INFORMATION CONTACT section to
determine if there are any updates.
If you require the services of a
translator or special accommodations
such as audio description, please preregister for the hearing and describe
your needs by May 21, 2020. EPA may
not be able to arrange accommodations
without advanced notice.
How can I get copies of the proposed
action and other related information?
EPA has established a docket for this
action under Docket ID No. EPA–HQ–
OAR–2018–0227. EPA has also
developed a website for the Fuels
Regulatory Streamlining rule, including
the proposal, which is available at
https://www.epa.gov/diesel-fuelstandards/fuels-regulatory-streamlining.
Please refer to the notice of proposed
rulemaking for detailed information on
accessing information related to the
proposal.
Dated: May 14, 2020.
Karl Moor,
Deputy Assistant Administrator, Office of Air
and Radiation.
[FR Doc. 2020–10833 Filed 5–18–20; 8:45 am]
BILLING CODE 6560–50–P
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[Federal Register Volume 85, Number 97 (Tuesday, May 19, 2020)]
[Proposed Rules]
[Pages 29895-29906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10137]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2019-0239; FRL-10008-73-Region 5]
Air Plan Approval; Michigan; Redesignation of the Berrien County
Area to Attainment of the 2015 Ozone Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to find
that Berrien County, Michigan is attaining the 2015 ozone National
Ambient Air Quality Standard (NAAQS or standard) and is proposing to
approve a request from the Michigan Department of Environment, Great
Lakes, and Energy (EGLE) to redesignate the area to attainment for the
2015 ozone NAAQS because the request meets the statutory requirements
for redesignation under the Clean Air Act (CAA). EGLE submitted this
request on January 30, 2020 and submitted a clarification letter on
March 30, 2020. EPA is also proposing to approve, as a revision to the
Michigan State Implementation Plan (SIP), the State's plan for
maintaining the 2015 ozone NAAQS through 2030 in the Berrien County
area. Finally, EPA finds adequate and is proposing to approve
Michigan's 2023 and 2030 volatile organic compound (VOC) and oxides of
nitrogen (NOX) Motor Vehicle Emission Budgets (MVEBs) for
the Berrien County area.
DATES: Comments must be received on or before June 18, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0239 at https://www.regulations.gov or via email to
[email protected]. 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: Emily Crispell, Environmental
Scientist, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312)353-8512, [email protected].
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 is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of EGLE's redesignation request?
A. Has the Berrien County area attained the 2015 8-hour ozone
NAAQS?
B. Has EGLE met all applicable requirements of section 110 and
part D of the CAA for the Berrien County area, and does Michigan
have a fully approved SIP for the area under section 110(k) of the
CAA?
C. Are the air quality improvements in the Berrien County area
due to permanent and enforceable emission reductions?
D. Does EGLE have a fully approvable ozone maintenance plan for
the Berrien County area?
V. Has the state adopted approvable motor vehicle emission budgets?
VI. Proposed Actions
VII. Statutory and Executive Order Reviews
I. What is EPA proposing?
EPA is proposing to take several related actions. EPA is proposing
to determine that the Berrien County nonattainment area is attaining
the 2015 ozone NAAQS, based on quality-assured and certified monitoring
data for 2017 through 2019 and that this area has met the requirements
for redesignation under section 107(d)(3)(E) of the CAA. EPA is thus
proposing to change the legal designation of the Berrien County area
from nonattainment to attainment for the 2015 ozone NAAQS. EPA is also
proposing to approve, as a revision to the Michigan SIP, the state's
maintenance plan (such approval being one of the CAA criteria for
redesignation to attainment status) for the area. The maintenance plan
is designed to keep the Berrien County area in attainment of the 2015
ozone NAAQS through 2030. Finally, EPA is proposing to approve the
newly-established 2023 and 2030 MVEBs for the area.
II. What is the background for these actions?
EPA has determined that ground-level ozone is detrimental to human
health. On October 1, 2015, EPA promulgated a revised 8-hour ozone
NAAQS of 0.070 parts per million (ppm). See 80 FR 65292 (October 26,
2015). Under EPA's regulations at 40 CFR part 50, the 2015 ozone NAAQS
is attained in an area when the 3-year average of the annual fourth
highest daily maximum 8-hour average concentration is equal to or less
than 0.070 ppm, when truncated after the thousandth decimal place, at
all of the ozone monitoring sites in the area. See 40 CFR 50.19 and
appendix U to 40 CFR part 50.
Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B)
of the CAA requires EPA to designate as nonattainment any areas that
are violating the NAAQS, based on the most recent 3 years of quality
assured ozone monitoring data. The Berrien County area was designated
as a marginal nonattainment area for the 2015 ozone NAAQS on June 4,
2018 (83 FR 25776) (effective August 3, 2018).
III. What are the criteria for redesignation?
Section 107(d)(3)(E) of the CAA allows redesignation of an area to
attainment of the NAAQS provided that: (1) The Administrator (EPA)
determines
[[Page 29896]]
that the area has attained the NAAQS; (2) the Administrator has fully
approved the applicable implementation plan for the area under section
110(k) of the CAA; (3) the Administrator determines that the
improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
SIP, applicable Federal air pollutant control regulations, and other
permanent and enforceable emission reductions; (4) the Administrator
has fully approved a maintenance plan for the area as meeting the
requirements of section 175A of the CAA; and (5) the state containing
the area has met all requirements applicable to the area for the
purposes of redesignation under section 110 and part D of the CAA.
On April 16, 1992, EPA provided guidance on redesignations in the
General Preamble for the Implementation of Title I of the CAA
Amendments of 1990 (57 FR 13498) and supplemented this guidance on
April 28, 1992 (57 FR 18070). EPA has provided further guidance on
processing redesignation requests in the following documents:
1. ``Ozone and Carbon Monoxide Design Value Calculations,''
Memorandum from Bill Laxton, Director, Technical Support Division,
June 18, 1990;
2. ``Maintenance Plans for Redesignation of Ozone and Carbon
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief,
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
3. ``Contingency Measures for Ozone and Carbon Monoxide (CO)
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, June 1, 1992;
4. ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (the ``Calcagni
Memorandum'');
5. ``State Implementation Plan (SIP) Actions Submitted in
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John
Calcagni, Director, Air Quality Management Division, October 28,
1992;
6. ``Technical Support Documents (TSDs) for Redesignation of
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum
from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch,
August 17, 1993;
7. ``State Implementation Plan (SIP) Requirements for Areas
Submitting Requests for Redesignation to Attainment of the Ozone and
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS)
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro,
Acting Assistant Administrator for Air and Radiation, September 17,
1993;
8. ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry,
Acting Director, Air Quality Management Division, November 30, 1993;
9. ``Part D New Source Review (Part D NSR) Requirements for
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary
D. Nichols, Assistant Administrator for Air and Radiation, October
14, 1994; and
10. ``Reasonable Further Progress, Attainment Demonstration, and
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone
National Ambient Air Quality Standard,'' Memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, May
10, 1995.
IV. What is EPA's analysis of EGLE's redesignation request?
A. Has the Berrien County area attained the 2015 8-hour ozone NAAQS?
For redesignation of a nonattainment area to attainment, the CAA
requires EPA to determine that the area has attained the applicable
NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2015
ozone NAAQS if it meets the 2015 ozone NAAQS, as determined in
accordance with 40 CFR 50.15 and appendix U of part 50, based on 3
complete, consecutive calendar years of quality-assured air quality
data for all monitoring sites in the area. To attain the NAAQS, the 3-
year average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations (ozone design values) at each monitor must not
exceed 0.070 ppm. The air quality data must be collected and quality-
assured in accordance with 40 CFR part 58 and recorded in EPA's Air
Quality System (AQS). Ambient air quality monitoring data for the 3-
year period must also meet data completeness requirements. An ozone
design value is valid if daily maximum 8-hour average concentrations
are available for at least 90% of the days within the ozone monitoring
seasons,\1\ on average, for the 3-year period, with a minimum data
completeness of 75% during the ozone monitoring season of any year
during the 3-year period. See section 4 of appendix U to 40 CFR part
50.
EPA has reviewed the available ozone monitoring data from the
monitoring site in the Berrien County area for the 2017-2019 period.
These data have been quality assured, are recorded in the AQS, and have
been certified. These data demonstrate that the Berrien County area is
attaining the 2015 ozone NAAQS. The annual fourth-highest 8-hour ozone
concentrations and the 3-year average of these concentrations
(monitoring site ozone design values) for the monitoring site are
summarized in Table 1.
Table 1--Annual Fourth High Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the Fourth High Daily Maximum 8-Hour Ozone Concentrations
for the Berrien County Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fourth high 2016-2018
County Monitor Year % Observed (ppm) average (ppm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Berrien....................................... 26-021-0014............................. 2017 99 0.069 0.069
2018 88 0.073
2019 96 0.066
--------------------------------------------------------------------------------------------------------------------------------------------------------
The Berrien County area's 3-year ozone design value for 2017-2019
is 0.069 ppm, which meets the 2015 ozone NAAQS. Therefore, in today's
action, EPA proposes to determine that the Berrien County area is
attaining the 2015 ozone NAAQS.
---------------------------------------------------------------------------
\1\ The ozone season is defined by state in 40 CFR 58 appendix
D. The ozone season for Michigan is March-October. See, 80 FR 65292,
65466-67 (October 26, 2015).
---------------------------------------------------------------------------
B. Has EGLE met all applicable requirements of section 110 and part D
of the CAA for the Berrien County area, and does Michigan have a fully
approved SIP for the area under section 110(k) of the CAA?
As criteria for redesignation of an area from nonattainment to
attainment of a NAAQS, the CAA requires EPA to determine that the state
has met all
[[Page 29897]]
applicable requirements under section 110 and part D of title I of the
CAA (see section 107(d)(3)(E)(v) of the CAA) and that the state has a
fully approved SIP under section 110(k) of the CAA (see section
107(d)(3)(E)(ii) of the CAA). EPA finds that Michigan has met all
applicable SIP requirements, for purposes of redesignation, under
section 110 and part D of title I of the CAA (requirements specific to
nonattainment areas for the 2015 ozone NAAQS). Additionally, EPA finds
that all applicable requirements of the Michigan SIP for the area have
been fully approved under section 110(k) of the CAA. In making these
determinations, EPA ascertained which CAA requirements are applicable
to the Berrien County area and the Michigan SIP and, if applicable,
whether the required Berrien County area SIP elements are fully
approved under section 110(k) and part D of the CAA. As discussed more
fully below, SIPs must be fully approved only with respect to currently
applicable requirements of the CAA.
The Calcagni Memorandum describes EPA's interpretation of section
107(d)(3)(E) of the CAA. Under this interpretation, a state and the
area it wishes to redesignate must meet the relevant CAA requirements
that are due prior to the state's submittal of a complete redesignation
request for the area. See also the September 17, 1993, Michael Shapiro
memorandum and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of
Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone NAAQS).
Applicable requirements of the CAA that come due subsequent to the
state's submittal of a complete request remain applicable until a
redesignation to attainment is approved but are not required as a
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to
attainment of the 1-hour ozone NAAQS).
1. EGLE has met all applicable requirements of section 110 and part
D of the CAA applicable to the Berrien County area for purposes of
redesignation.
a. Section 110 General Requirements for Implementation Plans
Section 110(a)(2) of the CAA delineates the general requirements
for a SIP. Section 110(a)(2) provides that the SIP must have been
adopted by the state after reasonable public notice and hearing, and
that, among other things, it must: (1) Include enforceable emission
limitations and other control measures, means or techniques necessary
to meet the requirements of the CAA; (2) provide for establishment and
operation of appropriate devices, methods, systems and procedures
necessary to monitor ambient air quality; (3) provide for
implementation of a source permit program to regulate the modification
and construction of stationary sources within the areas covered by the
plan; (4) include provisions for the implementation of part C
prevention of significant deterioration (PSD) and part D new source
review (NSR) permit programs; (5) include provisions for stationary
source emission control measures, monitoring, and reporting; (6)
include provisions for air quality modeling; and, (7) provide for
public and local agency participation in planning and emission control
rule development.
Section 110(a)(2)(D) of the CAA requires SIPs to contain measures
to prevent sources in a state from significantly contributing to air
quality problems in another state. To implement this provision, EPA has
required certain states to establish programs to address transport of
certain air pollutants, e.g., NOX SIP call. However, like
many of the 110(a)(2) requirements, the section 110(a)(2)(D) SIP
requirements are not linked with a particular area's ozone designation
and classification. EPA concludes that the SIP requirements linked with
the area's ozone designation and classification are the relevant
measures to evaluate when reviewing a redesignation request for the
area. The section 110(a)(2)(D) requirements, where applicable, continue
to apply to a state regardless of the designation of any one particular
area within the state. Thus, we believe these requirements are not
applicable requirements for purposes of redesignation. See 65 FR 37890
(June 15, 2000), 66 FR 50399 (October 19, 2001), 68 FR 25418, 25426-27
(May 13, 2003).
In addition, EPA believes that other section 110 elements that are
neither connected with nonattainment plan submissions nor linked with
an area's ozone attainment status are not applicable requirements for
purposes of redesignation. The area will still be subject to these
requirements after the area is redesignated to attainment of the 2008
ozone NAAQS. The section 110 and part D requirements which are linked
with a particular area's designation and classification are the
relevant measures to evaluate in reviewing a redesignation request.
This approach is consistent with EPA's existing policy on applicability
(i.e., for redesignations) of conformity and oxygenated fuels
requirements, as well as with section 184 ozone transport requirements.
See Reading, Pennsylvania proposed and final rulemakings, 61 FR 53174-
53176 (October 10, 1996) and 62 FR 24826 (May 7, 1997); Cleveland-
Akron-Loraine, Ohio final rulemaking, 61 FR 20458 (May 7, 1996); and
Tampa, Florida final rulemaking, 60 FR 62748 (December 7, 1995). See
also the discussion of this issue in the Cincinnati, Ohio ozone
redesignation (65 FR 37890, June 19, 2000), and the Pittsburgh,
Pennsylvania ozone redesignation (66 FR 50399, October 19, 2001).
We have reviewed Michigan's SIP and have concluded that it meets
the general SIP requirements under section 110 of the CAA to the extent
those requirements are applicable for purposes of redesignation.
b. Part D Requirements
Section 172(c) of the CAA sets forth the basic requirements of air
quality plans for states with nonattainment areas that are required to
submit them pursuant to section 172(b). Subpart 2 of part D, which
includes section 182 of the CAA, establishes specific requirements for
ozone nonattainment areas depending on the areas' nonattainment
classifications.
The Berrien County area was classified as marginal under subpart 2
for the 2015 ozone NAAQS. As such, the area is subject to the subpart 1
requirements contained in section 172(c) and section 176. Similarly,
the area is subject to the subpart 2 requirements contained in section
182(a) (marginal nonattainment area requirements). A thorough
discussion of the requirements contained in section 172(c) and 182 can
be found in the General Preamble for Implementation of Title I (57 FR
13498).
i. Subpart 1 Section 172 Requirements
CAA Section 172(b) requires states to submit SIPs meeting the
requirements of section 172(c) no later than 3 years from the date of
the nonattainment designation. For the Berrien County nonattainment
area, SIPs required under CAA section 172 are due August 3, 2021. No
requirements applicable for purposes of redesignation under part D
became due prior to EGLE's submission of the complete redesignation
request, and, therefore, none are applicable to the area for purposes
of redesignation.
EPA has previously approved Michigan's NSR program on May 16, 2007
(72 FR 27425). Nonetheless, EPA has determined that, since PSD
[[Page 29898]]
requirements will apply after redesignation, areas being redesignated
need not comply with the requirement that an NSR program be approved
prior to redesignation, provided that the area demonstrates maintenance
of the NAAQS without part D NSR. A more detailed rationale for this
view is described in a memorandum from Mary Nichols, Assistant
Administrator for Air and Radiation, dated October 14, 1994, entitled,
``Part D New Source Review Requirements for Areas Requesting
Redesignation to Attainment.'' EGLE has demonstrated that the Berrien
area will be able to maintain the 2015 ozone NAAQS without part D NSR
in effect; therefore, EPA concludes that the state need not have a
fully approved part D NSR program prior to approval of the
redesignation request. See rulemakings for Detroit, Michigan (60 FR
12467-12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458,
20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665, October
23, 2001); and Grand Rapids, Michigan (61 FR 31834-31837, June 21,
1996). EGLE's PSD program will become effective in the Berrien County
area upon redesignation to attainment. EPA approved EGLE's PSD program
on March 25, 2010 (75 FR 14352).
ii. Section 176 Conformity Requirements
Section 176(c) of the CAA requires states to establish criteria and
procedures to ensure that federally supported or funded projects
conform to the air quality planning goals in the applicable SIP. The
requirement to determine conformity applies to transportation plans,
programs and projects that are developed, funded or approved under
title 23 of the United States Code (U.S.C.) and the Federal Transit Act
(transportation conformity) as well as to all other federally supported
or funded projects (general conformity). State transportation
conformity SIP revisions must be consistent with Federal conformity
regulations relating to consultation, enforcement and enforceability
that EPA promulgated pursuant to its authority under the CAA.
EPA interprets the conformity SIP requirements \2\ as not applying
for purposes of evaluating a redesignation request under section 107(d)
because state conformity rules are still required after redesignation
and Federal conformity rules apply where state conformity rules have
not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001)
(upholding this interpretation); see also 60 FR 62748 (December 7,
1995) (redesignation of Tampa, Florida). Nonetheless, EGLE has an
approved conformity SIP for the Berrien County area. See 61 FR 66607
(December 18, 1996) and 82 FR 17134 (April 20, 2017).
---------------------------------------------------------------------------
\2\ CAA section 176(c)(4)(E) requires states to submit revisions
to their SIPs to reflect certain Federal criteria and procedures for
determining transportation conformity. Transportation conformity
SIPs are different from SIPs requiring the development of MVEBs,
such as control strategy SIPs and maintenance plans.
---------------------------------------------------------------------------
iii. Section 182(a) Requirements
Section 182(a)(1) requires states to submit a comprehensive,
accurate, and current inventory of actual emissions from sources of VOC
and NOX emitted within the boundaries of the ozone
nonattainment area within two years of designation. For the Berrien
County area, this submission is due August 3, 2020. Because it will
become due after EGLE's submission of a complete redesignation request
for the Berrien County area, it is not an applicable requirement for
purposes of redesignation.
Under section 182(a)(2)(A), states with ozone nonattainment areas
that were designated prior to the enactment of the 1990 CAA amendments
were required to submit, within six months of classification, all rules
and corrections to existing VOC reasonably available control technology
(RACT) rules that were required under section 172(b)(3) prior to the
1990 CAA amendments. The Berrien County area is not subject to the
section 182(a)(2) RACT ``fix up'' requirement for the 2015 ozone NAAQS
because the Berrien County area was designated as nonattainment for the
2015 ozone NAAQS after the enactment of the 1990 CAA amendments.
Section 182(a)(2)(B) requires each state with a marginal ozone
nonattainment area that implemented or was required to implement a
vehicle inspection and maintenance (I/M) program prior to the 1990 CAA
amendments to submit a SIP revision for an I/M program no less
stringent than that required prior to the 1990 CAA amendments or
already in the SIP at the time of the CAA amendments, whichever is more
stringent. For the purposes of the 2015 ozone NAAQS and the
consideration of EGLE's redesignation request for this standard, the
Berrien County area is not subject to the section 182(a)(2)(B)
requirement because the Berrien County area was designated as
nonattainment for the 2015 ozone NAAQS after the enactment of the 1990
CAA amendments.
Section 182(a)(2)(C), under the heading ``Corrections to the State
implementation plans--Permit programs'' contains a requirement for
states to submit NSR SIP revisions to meet the requirements of CAA
sections 172(c)(5) and 173 within 2 years after the date of enactment
of the 1990 CAA Amendments. For the purposes of the 2015 ozone NAAQS
and the consideration of EGLE's redesignation request for this
standard, the Berrien County area is not subject to the section
182(a)(2)(C) requirement because the Berrien County area was designated
as nonattainment for the 2015 ozone NAAQS after the enactment of the
1990 CAA amendments.
Section 182(a)(4) specifies the emission offset ratio for marginal
areas but does not establish a SIP submission deadline. EPA's December
6, 2018 implementation rule for the 2015 ozone NAAQS clarifies that
nonattainment NSR permit program requirements applicable to the 2015
NAAQS are due 3 years from the effective date of the nonattainment
designation, i.e., August 3, 2021. See 83 FR 62998, 63001. This
approach is based on the provision in CAA section 172(b) requiring the
submission of plans or plan revisions ``no later than 3 years from the
date of the nonattainment designation.'' Because this requirement will
become due after EGLE's submission of a complete redesignation request
for the Berrien County area, it is not an applicable requirement for
purposes of redesignation.
While EGLE has not submitted a nonattainment NSR SIP revision to
address the 2015 ozone NAAQS, EGLE currently has a fully-approved part
D NSR program in place. In addition, EPA approved EGLE's PSD program on
March 25, 2010 (75 FR 14352). As discussed above, EGLE has demonstrated
that the Berrien County area will be able to maintain the 2015 ozone
NAAQS without part D NSR in effect; therefore, EPA concludes that the
state need not have a fully approved part D NSR program prior to
approval of the redesignation request. The state's PSD program will
become effective in the Berrien County area upon redesignation to
attainment.
Section 182(a)(3) requires states to submit periodic emission
inventories and a revision to the SIP to require the owners or
operators of stationary sources to annually submit emission statements
documenting actual VOC and NOX emissions. As discussed below
in section IV.D.4. of this proposed rule, EGLE will continue to update
its emissions inventory at least once every 3 years. With regard to
stationary source emission statements, this submission is due August 3,
2020. Because it will become due after EGLE's submission of
[[Page 29899]]
a complete redesignation request for the Berrien County area, it is not
an applicable requirement for purposes of redesignation.
Therefore, EPA finds that the Berrien County area has satisfied all
applicable requirements for purposes of redesignation under section 110
and part D of title I of the CAA.
2. The Berrien County Area Has a Fully Approved SIP for Purposes of
Redesignation Under Section 110(k) of the CAA
At various times, EGLE has adopted and submitted, and EPA has
approved, provisions addressing the various SIP elements applicable for
the ozone NAAQS. As discussed above, EPA has fully approved the
Michigan SIP for the Berrien County area under section 110(k) for all
requirements applicable for purposes of redesignation under the 2015
ozone NAAQS. EPA may rely on prior SIP approvals in approving a
redesignation request (see the Calcagni memorandum at page 3;
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984,
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426), plus any
additional measures it may approve in conjunction with a redesignation
action (see 68 FR 25426 (May 12, 2003) and citations therein).
C. Are the air quality improvements in the Berrien County area due to
permanent and enforceable emission reductions?
To redesignate an area from nonattainment to attainment, section
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air
quality improvement in the area is due to permanent and enforceable
reductions in emissions resulting from the implementation of the SIP
and applicable Federal air pollution control regulations and other
permanent and enforceable emission reductions. EPA has determined that
EGLE has demonstrated that that the observed ozone air quality
improvement in the Berrien County area is due to permanent and
enforceable reductions in VOC and NOX emissions resulting
from state measures adopted into the SIP and Federal measures.
In making this demonstration, the state has calculated the change
in emissions between 2014 and 2017. The reduction in emissions and the
corresponding improvement in air quality over this time period can be
attributed to a number of regulatory control measures that the Berrien
County area and upwind areas have implemented in recent years. In
addition, EGLE provided an analysis to demonstrate the improvement in
air quality was not due to unusually favorable meteorology. Based on
the information summarized below, EPA finds that EGLE has adequately
demonstrated that the improvement in air quality is due to permanent
and enforceable emissions reductions.
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NOX Controls
Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule
(CSAPR). CAIR created regional cap-and-trade programs to reduce sulfur
dioxide (SO2) and NOX emissions in 27 eastern
states, including Michigan, that contributed to downwind nonattainment
and maintenance of the 1997 ozone NAAQS and the 1997 fine particulate
matter (PM2.5) NAAQS. See 70 FR 25162 (May 12, 2005). EPA
approved EGLE's CAIR regulations into the Michigan SIP on August 18,
2009 (74 FR 41637). In 2008, the United States Court of Appeals for the
District of Columbia Circuit (D.C. Circuit) initially vacated CAIR,
North Carolina v. EPA, 531 F.3d 896 (DC Cir. 2008), but ultimately
remanded the rule to EPA without vacatur to preserve the environmental
benefits provided by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178
(D.C. Cir. 2008). On August 8, 2011 (76 FR 48208), acting on the D.C.
Circuit's remand, EPA promulgated CSAPR to replace CAIR and thus
addressed the interstate transport of emissions contributing to
nonattainment and interfering with maintenance of the two air quality
standards covered by CAIR as well as the 2006 PM2.5 NAAQS.
CSAPR requires substantial reductions of SO2 and
NOX emissions from electric generating units (EGUs) in 28
states in the Eastern United States.
The D.C. Circuit's initial vacatur of CSAPR \3\ was reversed by the
United States Supreme Court on April 29, 2014, and the case was
remanded to the D.C. Circuit to resolve remaining issues in accordance
with the high court's ruling. EPA v. EME Homer City Generation, L.P.,
134 S. Ct. 1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in
most respects, but invalidated without vacating some of the CSAPR
budgets as to a number of states. EME Homer City Generation, L.P. v.
EPA, 795 F.3d 118 (D.C. Cir. 2015). The remanded budgets include the
Phase 2 NOX ozone season emissions budgets for Michigan. On
September 7, 2016, in response to the remand, EPA finalized an update
to CSAPR requiring further reductions in NOX emissions from
EGUs beginning in May 2017. This final rule was projected to result in
a 20% reduction in ozone season NOX emissions from EGUs in
the eastern United States, a reduction of 80,000 tons in 2017 compared
to 2015 levels.
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\3\ EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C.
Cir. 2012).
---------------------------------------------------------------------------
There are no EGUs in the Berrien County area. However, the
reduction in NOX emissions from the implementation of CSAPR
results in lower concentration of transported ozone entering the
Berrien County area upon implementation of the phase 2 budgets in 2017
and throughout the maintenance period.
b. Federal Emission Control Measures
Reductions in VOC and NOX emissions have occurred
statewide and in upwind areas as a result of Federal emission control
measures, with additional emission reductions expected to occur in the
future. Federal emission control measures include the following.
Tier 2 Emission Standards for Vehicles and Gasoline Sulfur
Standards. On February 10, 2000 (65 FR 6698), EPA promulgated Tier 2
motor vehicle emission standards and gasoline sulfur control
requirements. These emission control requirements result in lower VOC
and NOX emissions from new cars and light duty trucks,
including sport utility vehicles. With respect to fuels, this rule
required refiners and importers of gasoline to meet lower standards for
sulfur in gasoline, which were phased in between 2004 and 2006. By
2006, refiners were required to meet a 30 ppm average sulfur level,
with a maximum cap of 80 ppm. This reduction in fuel sulfur content
ensures the effectiveness of low emission-control technologies. The
Tier 2 tailpipe standards established in this rule were phased in for
new vehicles between 2004 and 2009. EPA estimates that, when fully
implemented, this rule will cut NOX and VOC emissions from
light-duty vehicles and light-duty trucks by approximately 76% and 28%,
respectively. NOX and VOC reductions from medium-duty
passenger vehicles included as part of the Tier 2 vehicle program are
estimated to be approximately 37,000 and 9,500 tons per year,
respectively, when fully implemented. As projected by these estimates
and demonstrated in the on-road emission modeling for the Berrien
County area, much of these emission reductions occurred by the
attainment years and additional emission reductions will occur
throughout the maintenance period, as older vehicles are replaced with
newer, compliant model years.
Tier 3 Emission Standards for Vehicles and Gasoline Sulfur
Standards.
[[Page 29900]]
On April 28, 2014 (79 FR 23414), EPA promulgated Tier 3 motor vehicle
emission and fuel standards to reduces both tailpipe and evaporative
emissions and to further reduce the sulfur content in fuels. The rule
will be phased in between 2017 and 2025. Tier 3 sets new tailpipe
standards for the sum of VOC and NOX and for particulate
matter. The VOC and NOX tailpipe standards for light-duty
vehicles represent approximately an 80% reduction from today's fleet
average and a 70% reduction in per-vehicle particulate matter (PM)
standards. Heavy-duty tailpipe standards represent about a 60%
reduction in both fleet average VOC and NOX and per-vehicle
PM standards. The evaporative emissions requirements in the rule will
result in approximately a 50% reduction from current standards and
apply to all light-duty and on-road gasoline-powered heavy-duty
vehicles. Finally, the rule lowers the sulfur content of gasoline to an
annual average of 10 ppm by January 2017. As projected by these
estimates and demonstrated in the on-road emission modeling for the
Berrien County area, some of these emission reductions occurred by the
attainment years and additional emission reductions will occur
throughout the maintenance period, as older vehicles are replaced with
newer, compliant model years.
Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for
on-road heavy-duty diesel engines that includes standards limiting the
sulfur content of diesel fuel. Emissions standards for NOX,
VOC and PM were phased in between model years 2007 and 2010. In
addition, the rule reduced the highway diesel fuel sulfur content to 15
ppm by 2007, leading to additional reductions in combustion
NOX and VOC emissions. EPA has estimated future year
emission reductions due to implementation of this rule. Nationally, EPA
estimated that 2015 NOX and VOC emissions would decrease by
1,260,000 tons and 54,000 tons, respectively. Nationally, EPA estimated
that by 2030 NOX and VOC emissions will decrease by
2,570,000 tons and 115,000 tons, respectively. As projected by these
estimates and demonstrated in the on-road emission modeling for the
Berrien County area, some of these emission reductions occurred by the
attainment years and additional emission reductions will occur
throughout the maintenance period, as older vehicles are replaced with
newer, compliant model years.
Non-road Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a
rule adopting emissions standards for non-road diesel engines and
sulfur reductions in non-road diesel fuel. This rule applies to diesel
engines used primarily in construction, agricultural, and industrial
applications. Emission standards are phased in for 2008 through 2015
model years based on engine size. The SO2 limits for non-
road diesel fuels were phased in from 2007 through 2012. EPA estimates
that when fully implemented, compliance with this rule will cut
NOX emissions from these non-road diesel engines by
approximately 90%. As projected by these estimates and demonstrated in
the non-road emission modeling for the Berrien County area, some of
these emission reductions occurred by the attainment years and
additional emission reductions will occur throughout the maintenance
period.
Non-road Spark-Ignition Engines and Recreational Engine Standards.
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for
large spark-ignition engines such as those used in forklifts and
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and
recreational marine diesel engines. These emission standards are phased
in from model year 2004 through 2012. When fully implemented, EPA
estimates an overall 72% reduction in VOC emissions from these engines
and an 80% reduction in NOX emissions. As projected by these
estimates and demonstrated in the non-road emission modeling for the
Berrien County area, some of these emission reductions occurred by the
attainment years and additional emission reductions will occur
throughout the maintenance period.
Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR
22896) EPA issued emission standards for marine compression-ignition
engines at or above 30 liters per cylinder. Tier 2 emission standards
apply beginning in 2011 and are expected to result in a 15 to 25%
reduction in NOX emissions from these engines. Final Tier 3
emission standards apply beginning in 2016 and are expected to result
in approximately an 80% reduction in NOX from these engines.
As projected by these estimates and demonstrated in the non-road
emission modeling for the Berrien County area, some of these emission
reductions occurred by the attainment years and additional emission
reductions will occur throughout the maintenance period.
2. Emission Reductions
Michigan is using a 2014 emissions inventory as the nonattainment
year. This is appropriate because it was one of the years used to
designate the area as nonattainment. Michigan is using 2017 as the
attainment year, which is appropriate because it is one of the years in
the 2017-2019 period used to demonstrate attainment.
Area, point, and non-road mobile emissions were collected from data
available on EPA's Air Emissions Modeling and National Emissions
Inventory (NEI) websites.\4\ Using Emissions Modeling platform 2016v1,
EGLE used 2016fh, 2023fh and 2028fh versions of the 2016v1 platform and
2014 NEI version 2 for this analysis. Tons per summer day (TPSD)
emissions for the area and point sectors were then derived by dividing
the annual emissions by 365. This method of deriving TPSD for the area
and point sectors takes the conservative approach of assuming steady
operation over 365 days each year. TPSD emissions for the non-road
sector were derived by dividing the annual value by 330. This method of
deriving TPSD accounts for non-road sources possibly having slightly
higher emissions in the summer. 2017 emissions were derived by linear
interpolation between 2016 and 2023 (2016fh and 2023fh). 2030 emissions
were derived by linear interpolation between 2023 and 2028 (2023fh and
2028fh).
---------------------------------------------------------------------------
\4\ www.epa.gov/air-emissions-modeling/2016v1-platform.
www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data.
---------------------------------------------------------------------------
On-road mobile source emissions were calculated from emission
factors produced by EPA's Motor Vehicle Emission Simulator model,
MOVES2014a, and data extracted from the region's travel-demand model.
Using the inventories described above, EGLE's submittal documents
changes in VOC and NOX emissions from 2014 to 2017 for the
Berrien County area. Emissions data are shown in Tables 2 through 6.
[[Page 29901]]
Table 2--Berrien County Area NOX Emissions for Nonattainment Year 2014 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Non-road On-road Total
----------------------------------------------------------------------------------------------------------------
Berrien......................... 1.61 2.21 2.22 9.01 15.05
----------------------------------------------------------------------------------------------------------------
Table 3--Berrien County Area VOC Emissions for Nonattainment Year 2014 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Non-road On-road Total
----------------------------------------------------------------------------------------------------------------
Berrien......................... 1.34 7.38 3.81 4.81 17.34
----------------------------------------------------------------------------------------------------------------
Table 4--Berrien County Area NOX Emissions for Attainment Year 2017 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Non-road On-road Total
----------------------------------------------------------------------------------------------------------------
Berrien......................... 1.59 2.18 1.08 5.94 10.79
----------------------------------------------------------------------------------------------------------------
Table 5--Berrien County Area VOC Emissions for Attainment Year 2017 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Non-road On-road Total
----------------------------------------------------------------------------------------------------------------
Berrien......................... 1.20 7.38 1.36 3.50 13.44
----------------------------------------------------------------------------------------------------------------
Table 6--Change in NOX and VOC Emissions in the Berrien County Area Between 2014 and 2017 (TPSD).
--------------------------------------------------------------------------------------------------------------------------------------------------------
NoX VOC
County --------------------------------------------------------------------------------------------------------------
Point Area Non-road On-road Total Point Area Non-road On-road Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Berrien.................................. -0.02 -0.03 -1.14 -3.07 -4.26 -0.14 0 -2.45 -1.31 -3.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
As shown in Table 6, NOX and VOC emissions in the
Berrien County area declined by 4.26 TPSD and 3.9 TPSD, respectively,
between 2014 and 2017.
3. Meteorology
To further support EGLE's demonstration that the improvement in air
quality between the year violations occurred and the year attainment
was achieved is due to permanent and enforceable emission reductions
and not unusually favorable meteorology, an analysis was performed by
EGLE. EGLE analyzed the maximum fourth-high 8-hour ozone values for
May, June, July, August, and September, as those months are more likely
to have days over 80 degrees, leading to higher ozone formation for
years 2000 to 2019.
First, the daily maximum 8-hour ozone concentration at the Coloma
monitor in the Berrien County area was compared to the number of days
where the maximum temperature was greater than or equal to 80 [deg]F.
While there is a clear trend in decreasing ozone concentrations at the
monitor, there is no such trend in the temperature data.
EGLE also examined the relationship between the average summer
temperature for each year of the 2000-2019 period and the annual
fourth-high 8-hour ozone concentration. EGLE conducted this analysis
using the fourth-high 8-hour ozone concentration from the Coloma
monitor in the Berrien County area. While there is some correlation
between average summer temperatures and ozone concentrations, this
correlation does not exist over the study period. The linear
regressions for each data set demonstrate that average summer
temperatures have increased over the 2000 to 2019 period while average
ozone concentrations have decreased. Because the correlation between
temperature and ozone formation is well established, these data suggest
that reductions in precursors are responsible for the reductions in
ozone concentrations in the Berrien County area and not unusually
favorable summer temperatures.
Finally, EGLE analyzed the relationship between average summertime
relative humidity and fourth-high 8-hour ozone concentrations. The data
did not show a correlation between relative humidity and ozone
concentrations.
As discussed above, EGLE identified numerous Federal rules that
resulted in the reduction of VOC and NOx emissions from 2014 to 2017.
In addition, EGLE's analyses of meteorological variables associated
with ozone formation demonstrate that the improvement in air quality in
the Berrien County area between the year violations occurred and the
year attainment was achieved is not due to unusually favorable
meteorology. Therefore, EPA finds that Michigan has shown that the air
quality improvements in the Berrien County area are due to permanent
and enforceable emissions reductions.
D. Does EGLE have a fully approvable ozone maintenance plan for the
Berrien County area?
As one of the criteria for redesignation to attainment section
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has
a fully approved maintenance plan pursuant to section 175A of the CAA.
Section 175A of the CAA sets forth the elements of a maintenance plan
for areas seeking redesignation from nonattainment to attainment. Under
section 175A, the maintenance plan must demonstrate continued
attainment of the NAAQS for at least 10 years after the Administrator
approves a redesignation to attainment. Eight years after the
redesignation, the state must submit a revised maintenance plan which
demonstrates that attainment of the NAAQS will continue for an
additional 10 years beyond the initial 10-year maintenance period. To
address the possibility of future NAAQS violations, the maintenance
plan must contain contingency measures, as EPA
[[Page 29902]]
deems necessary, to assure prompt correction of the future NAAQS
violation.
The Calcagni Memorandum provides further guidance on the content of
a maintenance plan, explaining that a maintenance plan should address
five elements: (1) An attainment emission inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a process for verification of continued attainment; and (5) a
contingency plan. In conjunction with its request to redesignate the
Berrien County area to attainment for the 2015 ozone NAAQS, EGLE
submitted a SIP revision to provide for maintenance of the 2015 ozone
NAAQS through 2030, more than 10 years after the expected effective
date of the redesignation to attainment. As discussed below, EPA
proposes to find that EGLE's ozone maintenance plan includes the
necessary components and approve the maintenance plan as a revision of
the Michigan SIP.
1. Attainment Inventory
EPA is proposing to determine that the Berrien County area has
attained the 2015 ozone NAAQS based on monitoring data for the period
of 2017-2019. EGLE selected 2017 as the attainment emissions inventory
year to establish attainment emission levels for VOC and
NOX. The attainment emissions inventory identifies the
levels of emissions in the Berrien County area that are sufficient to
attain the 2015 ozone NAAQS. The derivation of the attainment year
emissions was discussed above in section IV.C.2. of this proposed rule.
The attainment level emissions, by source category, are summarized in
Tables 4 and 5 above.
2. Has the state documented maintenance of the ozone standard in the
Berrien County area?
EGLE has demonstrated maintenance of the 2015 ozone NAAQS through
2030 by assuring that current and future emissions of VOC and
NOX for the Berrien County area remain at or below
attainment year emission levels. A maintenance demonstration need not
be based on modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001),
Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR
53094, 53099-53100 (October 19, 2001), 68 FR 25413, 25430-25432 (May
12, 2003).
EGLE is using emissions inventories for the years 2023 and 2030 to
demonstrate maintenance. 2030 is more than 10 years after the expected
effective date of the redesignation to attainment and 2023 was selected
to demonstrate that emissions are not expected to spike in the interim
between the attainment year and the final maintenance year. The
emissions inventories were developed as described below.
Point, area and non-road mobile emissions were collected from data
available on EPA's Air Emissions Modeling website. Using Emissions
Modeling platform 2016v1, EGLE collected data for the 2023 and 2028
projected inventories. TPSD emissions for the area and point sectors
were then derived by dividing the annual emissions by 365. TPSD
emissions for the non-road sector were derived by dividing the annual
value by 330. For interim year 2023, version 2023fh was used without
modification. 2030 emissions were derived by extrapolating from version
2023fh and 2028fh.
On-road mobile source emissions were calculated from emission
factors produced by EPA's MOVES2014a model and data extracted from the
region's travel-demand model. Emissions data are shown in Tables 7
through 11 below.
Table 7--Berrien County Area NOX Emissions for Interim Maintenance Year 2023 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Non-road On-road Total
----------------------------------------------------------------------------------------------------------------
Berrien......................... 2.25 2.10 0.79 3.15 8.29
----------------------------------------------------------------------------------------------------------------
Table 8--Berrien County Area VOC Emissions for Interim Maintenance Year 2023 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Non-road On-road Total
----------------------------------------------------------------------------------------------------------------
Berrien......................... 1.26 7.28 1.06 2.24 11.84
----------------------------------------------------------------------------------------------------------------
Table 9--Berrien County Area NOX Emissions for Maintenance Year 2030 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Non-road On-road Total
----------------------------------------------------------------------------------------------------------------
Berrien......................... 2.25 2.05 0.65 1.85 6.80
----------------------------------------------------------------------------------------------------------------
Table 10--Berrien County Area VOC Emissions for Maintenance Year 2030 (TPSD)
----------------------------------------------------------------------------------------------------------------
County Point Area Non-road On-road Total
----------------------------------------------------------------------------------------------------------------
Berrien......................... 1.24 7.15 1.00 1.70 11.09
----------------------------------------------------------------------------------------------------------------
Table 11--Change in NOX and VOC Emissions in the Berrien County Area Between 2017 and 2030 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOX VOC
-------------------------------------------------------------------------------------------
Net change Net change
2017 2023 2030 (2017-2030) 2017 2023 2030 (2017-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point....................................................... 1.59 2.25 2.25 0.66 1.20 1.26 1.24 0.04
Area........................................................ 2.18 2.10 2.05 -0.13 7.38 7.28 7.15 -0.23
Non-road.................................................... 1.08 0.79 0.65 -0.43 1.36 1.06 1.00 -0.36
[[Page 29903]]
On-road..................................................... 5.94 3.15 1.85 -4.09 3.50 2.24 1.70 -1.80
-------------------------------------------------------------------------------------------
Total................................................... 10.79 8.29 6.80 -3.99 13.44 11.84 11.09 -2.35
--------------------------------------------------------------------------------------------------------------------------------------------------------
In summary, EGLE's maintenance demonstration for the Berrien County
area shows maintenance of the 2015 ozone NAAQS by providing emissions
information to support the demonstration that future emissions of
NOX and VOC will remain at or below 2017 emission levels
when taking into account both future source growth and implementation
of future controls. Table 11 shows NOX and VOC emissions in
the Berrien County area are projected to decrease by 3.99 TPSD and 2.35
TPSD, respectively, between 2017 and 2030.
3. Continued Air Quality Monitoring
EGLE has committed to continue to operate the ozone monitor listed
in Table 1 above. EGLE has committed to consult with EPA prior to
making changes to the existing monitoring network should changes become
necessary in the future. EGLE remains obligated to meet monitoring
requirements and continue to quality assure monitoring data in
accordance with 40 CFR part 58, and to enter all data into the AQS in
accordance with Federal guidelines.
4. Verification of Continued Attainment
The State of Michigan has confirmed that it has the legal authority
to enforce and implement the requirements of the maintenance plan for
the Berrien County area. This includes the authority to adopt,
implement, and enforce any subsequent emission control measures
determined to be necessary to correct future ozone attainment problems.
Verification of continued attainment is accomplished through
operation of the ambient ozone monitoring network and the periodic
update of the area's emissions inventory. EGLE will continue to operate
the current ozone monitor located in the Berrien County area. There are
no plans to discontinue operation, relocate, or otherwise change the
existing ozone monitoring network other than through revisions in the
network approved by EPA.
In addition, to track future levels of emissions, EGLE will
continue to develop and submit to EPA updated emission inventories for
all source categories at least once every 3 years, consistent with the
requirements of 40 CFR part 51, subpart A, and in 40 CFR 51.122. The
Consolidated Emissions Reporting Rule (CERR) was promulgated by EPA on
June 10, 2002 (67 FR 39602). The CERR was replaced by the Annual
Emissions Reporting Requirements (AERR) on December 17, 2008 (73 FR
76539). The most recent triennial inventory for Michigan was compiled
for 2014, and 2017 is in progress. Point source facilities covered by
EGLE's emission statement rule, Michigan Administrative Code Chapter
3745-24, will continue to submit VOC and NOX emissions on an
annual basis.
5. What is the contingency plan for the Berrien County area?
Section 175A of the CAA requires that the state must adopt a
maintenance plan, as a SIP revision, that includes such contingency
measures as EPA deems necessary to assure that the state will promptly
correct a violation of the NAAQS that occurs after redesignation of the
area to attainment of the NAAQS. The maintenance plan must identify:
The contingency measures to be considered and, if needed for
maintenance, adopted and implemented; a schedule and procedure for
adoption and implementation; and, a time limit for action by the state.
The state should also identify specific indicators to be used to
determine when the contingency measures need to be considered, adopted,
and implemented. The maintenance plan must include a commitment that
the state will implement all measures with respect to the control of
the pollutant that were contained in the SIP before redesignation of
the area to attainment in accordance with section 175A(d) of the CAA.
As required by section 175A of the CAA, EGLE has adopted a
contingency plan for the Berrien County area to address possible future
ozone air quality problems. The contingency plan adopted by EGLE has
two levels of response, a warning level response and an action level
response.
In EGLE's plan, a warning level response will be triggered when an
annual fourth high monitored value of 0.074 ppm or higher is monitored
within the maintenance area. A warning level response will consist of
EGLE conducting a study to determine whether the ozone value indicates
a trend toward higher ozone values or whether emissions appear to be
increasing. The study will evaluate whether the trend, if any, is
likely to continue and, if so, the control measures necessary to
reverse the trend. The study will consider ease and timing of
implementation as well as economic and social impacts. Implementation
of necessary controls in response to a warning level response trigger
will take place within 12 months from the conclusion of the most recent
ozone season.
In EGLE's plan, an action level response is triggered when a two-
year average fourth high value of 0.071 ppm or greater is monitored
within the maintenance area. A violation of the 2015 ozone NAAQS within
the maintenance area also triggers an action level response. When an
action level response is triggered, EGLE, in conjunction with the
metropolitan planning organization or regional council of governments,
will determine what additional control measures are needed to assure
future attainment of the 2015 ozone NAAQS. Control measures selected
will be adopted and implemented within 18 months from the close of the
ozone season that prompted the action level. EGLE may also consider if
significant new regulations not currently included as part of the
maintenance provisions will be implemented in a timely manner and would
thus constitute an adequate contingency measure response.
EGLE included the following list of potential contingency measures
in its maintenance plan:
1. Adopt VOC RACT on existing sources covered by EPA Control
Technique Guidelines issued after the 1990 CAA.
2. Apply VOC RACT to smaller existing sources.
[[Page 29904]]
3. One or more transportation control measures sufficient to
achieve at least half a percent reduction in actual area wide VOC
emissions. Transportation measures will be selected from the following,
based upon the factors listed above after consultation with affected
local governments:
a. trip reduction programs, including, but not limited to,
employer-based transportation management plans, area wide rideshare
programs, work schedule changes, and telecommuting;
b. traffic flow and transit improvements; and
c. other new or innovative transportation measures not yet in
widespread use that affected local governments deem appropriate.
4. Alternative fuel and diesel retrofit programs for fleet vehicle
operations.
5. Require VOC or NOX controls on new minor sources
(less than 100 tons).
To qualify as a contingency measure, emissions reductions from that
measure must not be factored into the emissions projections used in the
maintenance plan.
EPA has concluded that EGLE's maintenance plan adequately addresses
the five basic components of a maintenance plan: Attainment inventory,
maintenance demonstration, monitoring network, verification of
continued attainment, and a contingency plan. In addition, as required
by section 175A(b) of the CAA, EGLE has committed to submit to EPA an
updated ozone maintenance plan eight years after redesignation of the
Berrien County area to cover an additional ten years beyond the initial
10-year maintenance period. Thus, EPA finds that the maintenance plan
SIP revision submitted by EGLE for the Berrien County area meets the
requirements of section 175A of the CAA and EPA proposes to approve it
as a revision to the Michigan SIP.
V. Has the State adopted approvable Motor Vehicle Emission Budgets?
A. Motor Vehicle Emission Budgets
Under section 176(c) of the CAA, new transportation plans,
programs, or projects that receive Federal funding or support, such as
the construction of new highways, must ``conform'' to (i.e., be
consistent with) the SIP. Conformity to the SIP means that
transportation activities will not cause new air quality violations,
worsen existing air quality problems, or delay timely attainment of the
NAAQS or interim air quality milestones. Regulations at 40 CFR part 93
set forth EPA policy, criteria, and procedures for demonstrating and
assuring conformity of transportation activities to a SIP.
Transportation conformity is a requirement for nonattainment and
maintenance areas. Maintenance areas are areas that were previously
nonattainment for a particular NAAQS, but that have been redesignated
to attainment with an approved maintenance plan for the NAAQS.
Under the CAA, states are required to submit, at various times,
control strategy SIPs for nonattainment areas and maintenance plans for
areas seeking redesignations to attainment of the ozone standard and
maintenance areas. See the SIP requirements for the 2015 ozone NAAQS in
EPA's December 6, 2018 implementation rule (83 FR 62998). These control
strategy SIPs (including reasonable further progress plans and
attainment plans) and maintenance plans must include MVEBs for criteria
pollutants, including ozone, and their precursor pollutants (VOC and
NOX for ozone) to address pollution from on-road
transportation sources. The MVEBs are the portion of the total
allowable emissions that are allocated to highway and transit vehicle
use that, together with emissions from other sources in the area, will
provide for attainment or maintenance. See 40 CFR 93.101.
Under 40 CFR part 93, a MVEB for an area seeking a redesignation to
attainment must be established, at minimum, for the last year of the
maintenance plan. A state may adopt MVEBs for other years as well. The
MVEB serves as a ceiling on emissions from an area's planned
transportation system. The MVEB concept is further explained in the
preamble to the November 24, 1993, Transportation Conformity Rule (58
FR 62188). The preamble also describes how to establish the MVEB in the
SIP and how to revise the MVEB, if needed, subsequent to initially
establishing a MVEB in the SIP.
B. What is the status of EPA's adequacy determination for the proposed
VOC and NOX MVEBs for the Berrien County area?
When reviewing submitted control strategy SIPs or maintenance plans
containing MVEBs, EPA must affirmatively find that the MVEBs contained
therein are adequate for use in determining transportation conformity.
Once EPA affirmatively finds that the submitted MVEBs are adequate for
transportation purposes, the MVEBs must be used by state and Federal
agencies in determining whether proposed transportation projects
conform to the SIP as required by section 176(c) of the CAA.
EPA's substantive criteria for determining adequacy of a MVEB are
set out in 40 CFR 93.118(e)(4). The process for determining adequacy
consists of three basic steps: Public notification of a SIP submission;
provision for a public comment period; and EPA's adequacy
determination. This process for determining the adequacy of submitted
MVEBs for transportation conformity purposes was initially outlined in
EPA's May 14, 1999 guidance, ``Conformity Guidance on Implementation of
March 2, 1999, Conformity Court Decision.'' EPA adopted regulations to
codify the adequacy process in the Transportation Conformity Rule
Amendments for the ``New 8-Hour Ozone and PM2.5 National
Ambient Air Quality Standards and Miscellaneous Revisions for Existing
Areas; Transportation Conformity Rule Amendments--Response to Court
Decision and Additional Rule Change,'' on July 1, 2004 (69 FR 40004).
Additional information on the adequacy process for transportation
conformity purposes is available in the proposed rule titled,
``Transportation Conformity Rule Amendments: Response to Court Decision
and Additional Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
As discussed earlier, EGLE's maintenance plan includes
NOX and VOC MVEBs for the Berrien County area for 2030 and
2023, the last year of the maintenance period and an interim year,
respectively. EPA has reviewed the VOC and NOX MVEBs and, in
this action, is proposing to find them adequate for approval into the
SIP. Michigan's January 30, 2020 maintenance plan SIP submission,
including the VOC and NOX MVEBs for the Berrien County area,
is open for public comment via this proposed rulemaking. The submitted
maintenance plan, which included the MVEBs, was endorsed by the
Governor's designee and was subject to a state public hearing. The
MVEBS were developed as part of an interagency consultation process
which includes Federal, state, and local agencies. The MVEBS were
clearly identified and precisely quantified. These MVEBs, when
considered together with all other emissions sources, are consistent
with maintenance of the 2015 ozone NAAQS.
[[Page 29905]]
Table 12--MVEBs for the Berrien County Area
[TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Attainment 2023 Estimated 2023 Mobile 2030 Estimated 2030 Mobile
year 2017 on- on-road safety margin 2023 MVEBs on-road safety margin 2030 MVEBs
road emissions emissions allocation emissions allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC..................................... 3.50 2.24 1.17 3.41 1.70 1.87 3.44
NOX..................................... 5.94 3.15 1.78 4.93 1.85 2.89 4.74
--------------------------------------------------------------------------------------------------------------------------------------------------------
As shown in Table 12, the 2023 and 2030 MVEBs exceed the estimated
2023 and 2030 on-road sector emissions. In an effort to accommodate
future variations in travel demand models and vehicle miles traveled
forecast, EGLE allocated a portion of the safety margin (described
further below) to the mobile sector. EGLE has demonstrated that the
Berrien County area can maintain the 2015 ozone NAAQS with mobile
source emissions at or below 3.41 TPSD and 3.44 TPSD of VOC and 4.93
TPSD and 4.74 TPSD of NOX in 2023 and 2030, respectively,
since despite partial allocation of the safety margin, emissions will
remain under attainment year emission levels. EPA finds adequate and is
proposing to approve the MVEBs for use to determine transportation
conformity in the Berrien County area, because EPA has determined that
the area can maintain attainment of the 2015 ozone NAAQS for the
relevant maintenance period with mobile source emissions at the levels
of the MVEBs.
C. What is a safety margin?
A ``safety margin'' is the difference between the attainment level
of emissions (from all sources) and the projected level of emissions
(from all sources) in the maintenance plan. As noted in Table 11, the
emissions in the Berrien County area are projected to have safety
margins of 2.89 TPSD for NOX and 1.87 TPSD for VOC in 2030
(the difference between the attainment year, 2017, emissions and the
projected 2030 emissions for all sources in the Berrien County area).
Similarly, there is a safety margin of 1.78 TPSD for NOX and
1.17 TPSD for VOC in 2023. Even if emissions exceeded projected levels
by the full amount of the safety margin, the counties would still
demonstrate maintenance since emission levels would equal those in the
attainment year.
As shown in Table 12 above, EGLE is allocating a portion of that
safety margin to the mobile source sector. Specifically, in 2023, EGLE
is allocating 1.17 TPSD and 1.78 TPSD of the VOC and NOX
safety margins, respectively. In 2030, EGLE is allocating 1.87 TPSD and
2.89 TPSD of the VOC and NOX safety margins, respectively.
EGLE is not requesting allocation to the MVEBs of the entire available
safety margins reflected in the demonstration of maintenance. In fact,
the amount allocated to the MVEBs represents only a small portion of
the 2023 and 2030 safety margins. Therefore, even though the State is
requesting MVEBs that exceed the projected on-road mobile source
emissions for 2023 and 2030 contained in the demonstration of
maintenance, the permissible level of on-road mobile source emissions
that can be considered for transportation conformity purposes is well
within the safety margins of the ozone maintenance demonstration.
Further, once allocated to mobile sources, these safety margins will
not be available for use by other sources.
VI. Proposed Actions
EPA is proposing to determine that the Berrien County nonattainment
area is attaining the 2015 ozone NAAQS based on quality-assured and
certified monitoring data for 2017-2019 and the area has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
EPA is thus proposing to change the legal designation of the Berrien
County area from nonattainment to attainment for the 2015 ozone NAAQS.
EPA is also proposing to approve, as a revision to the Michigan SIP,
the state's maintenance plan for the area. The maintenance plan is
designed to keep the Berrien County area in attainment of the 2015
ozone NAAQS through 2030. Finally, EPA finds adequate and is proposing
to approve the newly-established 2023 and 2030 MVEBs for the Berrien
County area.
VII. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA 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 CAA.
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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 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 CAA; and
[[Page 29906]]
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, this rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because
redesignation is an action that affects the status of a geographical
area and does not impose any new regulatory requirements on tribes,
impact any existing sources of air pollution on tribal lands, nor
impair the maintenance of ozone national ambient air quality standards
in tribal lands.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Oxides of nitrogen, Ozone,
Volatile organic compounds.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: May 7, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-10137 Filed 5-18-20; 8:45 am]
BILLING CODE 6560-50-P
