[Federal Register: April 16, 2004 (Volume 69, Number 74)]
[Rules and Regulations]
[Page 20548-20550]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ap04-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MI84-02; FRL-7647-6]
Conditional Approval and Promulgation of Implementation Plans:
Michigan: Oxides of Nitrogen Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is conditionally approving a State Implementation Plan
(SIP) revision submitted by the State of Michigan on April 3, 2003. The
submittal made by the Michigan Department of Environmental Quality
(MDEQ) responds to the EPA's regulation entitled, ``Finding of
Significant Contribution and Rulemaking for Certain States in the Ozone
Transport Assessment Group Region for Purposes of Reducing Regional
Transport of Ozone,'' otherwise known as the ``NOX SIP
Call.'' The rules submitted by MDEQ establish a nitrogen oxides
(NOX) emissions allowance trading program for large electric
generating and industrial units, and require reductions from large
electric generating and industrial units and cement kilns, beginning in
2004. The intended effect of the regulations submitted by MDEQ is to
reduce emissions of NOX to help attain the national ambient
air quality standard for ozone. EPA is conditionally approving
Michigan's Oxides of Nitrogen Budget Trading Program because it
generally meets the requirements of the Phase I NOX SIP Call
designed to significantly reduce ozone in Michigan and ozone transport
in the eastern United States.
DATES: This rule is effective on May 3, 2004.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. MI84. All documents in the Docket are listed in the index. Although
listed in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Publicly available docket materials are
available in hard copy at: Criteria Pollutant Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604. (Please contact
Douglas Aburano at (312) 353-6960 or aburano.douglas@epa.gov before
visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental
Engineer, Criteria Pollutant Section (AR-18J), Air Programs Branch, Air
and Radiation Division, United States Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
353-6960, fax (312) 886-5824, aburano.douglas@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``you''
refer to the reader of this rule and/or to sources subject to the State
rule, and the terms ``we,'' ``us,'' or ``our'' refer to EPA.
On April 3, 2003, MDEQ submitted a NOX emission control
plan to the EPA for inclusion in Michigan's SIP to meet the
requirements of the Phase I NOX SIP Call. The revisions
generally comply with the requirements of the Phase I NOX
SIP Call. Included in this submission are Michigan Rules 802 through
817. The information in this conditional approval is organized as
follows:
I. What Action Is EPA Taking Today?
II. Statutory and Executive Order Reviews.
I. What Action Is EPA Taking Today?
EPA is conditionally approving revisions to Michigan's SIP
concerning the adoption of its NOX emission trading rules,
which the State submitted on April 3, 2003. The rules meet the
requirements of the Phase I NOX SIP Call with certain
exceptions which EPA identified in our February 26, 2004, proposed
conditional approval (69 FR 8905). In a letter dated January 9, 2004,
MDEQ committed to submit fully adopted rules addressing the
deficiencies by May 31, 2004. MDEQ is in the process of adopting rules
to correct these deficiencies. Once MDEQ has submitted the rule changes
to address these deficiencies, we can take action to fully approve the
SIP revision. If Michigan does not submit approvable revisions by this
date, this conditional approval will automatically revert to a
disapproval of the Michigan NOX SIP submission.
EPA published in the Federal Register on February 26, 2004 (69 FR
8905) a proposal to conditionally approve Michigan's SIP revision. You
can find additional information regarding the State of Michigan's
submittal and our rationale for conditionally approving it in the
February 26, 2004 proposed rule where we described, in detail, the
Michigan SIP revision, as well as the deficiencies that Michigan must
address before we can fully approve MI's NOX trading
program. Since we did not receive any adverse comments during the 30
day public comment period, we are finalizing the conditional approval
that we proposed on February 26, 2004. Unless this conditional approval
is satisfied within 1 year, it will become a disapproval. EPA will
publish a document in the Federal Register indicating whether the
conditional approval was satisfied or became a disapproval.
Pursuant to the good cause exemption in section 553(d)(3) of the
Federal Administrative Procedure Act (5 U.S.C. 553(d)(3), we are
making this rule effective on May 3, 2004, which is 15 days after
publication of this final action because of the need for the State
to allocate allowances to affected sources in a timely manner.
Sources will need these allowances for the compliance season which
begins on May 31, 2004.
II. Statutory and Executive Order Reviews
Executive Order 12866; Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to
[[Page 20549]]
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state regulations as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state regulations. Accordingly, the Administrator certifies
that this rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 13132 Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTA), 15 U.S.C. 272, requires federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impracticable. In
reviewing program submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Act. Absent a prior
existing requirement for the state to use voluntary consensus
standards, EPA has no authority to disapprove a program submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Act. Therefore, the requirements of section 12(d) of the NTTA do not
apply.
Civil Justice Reform
As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.
Governmental Interference With Constitutionally Protected Property
Rights
EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
1988) by examining the takings implications of the rule in accordance
with the ``Attorney General's Supplemental Guidelines for the
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued
under the executive order, and has determined that the rule's
requirements do not constitute a taking.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding this action under section 801 because
this is a rule of particular applicability.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 15, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping
requirements.
Dated: April 6, 2004.
Gary Gulezian,
Acting Regional Administrator, Region 5.
0
Title 40 of the Code of Federal Regulations, chapter I, part 52, is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart X--Michigan
0
2. Subpart X is amended by adding Sec. 52.1218 to read as follows:
Sec. 52.1218 Identification of plan--conditional approval.
The plan revision commitment listed in paragraph (a) was submitted
on the date specified.
(a) On April 3, 2003, the Michigan Department of Environmental
Quality submitted a revision to the Michigan State Implementation Plan.
The revision adds rules which require the reduction of oxides of
nitrogen from electric generating units, large industrial commercial
and institutional boilers and cement kilns.
(1) Incorporation by reference. The following rules are
incorporated by
[[Page 20550]]
reference: R 336.1802 Applicability under oxides of nitrogen budget
trading program, Rule 802; R 336.1803 Definitions for oxides of
nitrogen budget trading program, Rule 803; R 336.1804 Retired unit
exemption from oxides of nitrogen budget trading program, Rule 804; R
336.1805 Standard requirements of oxides of nitrogen budget trading
program, Rule 805; R 336.1806 Computation of time under oxides of
nitrogen budget trading program, Rule 806; R 336.1807 Authorized
account representative under oxides of nitrogen budget trading program,
Rule 807; R 336.1808 Permit requirements under oxides of nitrogen
budget trading program, Rule 808; R 336.1809 Compliance certification
under oxides of nitrogen budget trading program, Rule 809; R 336.1810
Allowance allocations under oxides of nitrogen budget trading program,
Rule 810; R 336.1811 New source set-aside under oxides of nitrogen
budget trading program, Rule 811; R 336.1812 Allowance tracking system
and transfers under oxides of nitrogen budget trading program, Rule
812; R 336.1813 Monitoring and reporting requirements under oxides of
nitrogen budget trading program, Rule 813; R 336.1814 Individual opt-
ins under oxides of nitrogen budget trading program, Rule 814; R
336.1815 Allowance banking under oxides of nitrogen budget trading
program, Rule 815; R 336.1816 Compliance supplement pool under oxides
of nitrogen budget trading program, Rule 816; R 336.1817 Emission
limitations and restrictions for Portland cement kilns, Rule 817. These
rules became effective in the State on December 4, 2002.
(2) [Reserved]
(b) [Reserved]
[FR Doc. 04-8451 Filed 4-15-04; 8:45 am]
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