[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Rules and Regulations]
[Page 5101-5104]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja08-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2007-0024; FRL-8519-4]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan; Oxides of Nitrogen Regulations, Phase II
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving Michigan's oxides of nitrogen
(NOX) rules which satisfy the requirements of EPA's
NOX SIP Call Phase II Rule (the Phase II Rule). We are
approving these regulations based on Michigan's demonstration that they
will result in the achievement of the Phase II budget through source
compliance with rules affecting stationary internal combustion (IC)
engines which are identified in the NOX plan submittal.
Limiting NOX emissions from IC engines will enable the State
to meet the Phase II incremental difference of 1,033 tons during the
ozone season, thereby improving air quality and protecting the health
of Michigan citizens.
DATES: This direct final will be effective March 31, 2008, unless EPA
receives adverse comments by February 28, 2008. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final in
the Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2007-0024, by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 886-5824.
4. Mail: John M. Mooney, Chief, Criteria Pollutant Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney, Chief, Criteria Pollutant
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
[[Page 5102]]
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2007-0024. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.
The http://www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. We
recommend that you telephone Douglas Aburano, Engineer, at (312) 353-
6960 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Engineer, Criteria
Pollutant Section, Air Programs Branch (AR-18J), U.S. Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-6960, aburano.douglas@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. What should I consider as I prepare my comments for EPA?
II. Background
III. Who is affected by the new rule and the amended rules?
IV. What does approval of this rule accomplish?
V. How are owners and operators expected to comply with the new
requirement?
VI. What action is EPA taking today?
VII. Statutory and Executive Order Reviews
I. What should I consider as I prepare my comments for EPA?
When submitting comments, remember to:
1. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
2. Follow directions--The EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
3. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
4. Describe any assumptions and provide any technical information
and/or data that you used.
5. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
6. Provide specific examples to illustrate your concerns, and
suggest alternatives.
7. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
8. Make sure to submit your comments by the comment period deadline
identified.
II. Background
On October 27, 1998 (63 FR 57356), EPA issued the NOX
SIP Call, which required 22 states, including Michigan, to prepare
plans to reduce the transport of ozone throughout the eastern part of
the United States. This was to be accomplished by reducing emissions of
NOX from selected source categories, primarily major fuel
burning sources, using available cost-effective measures. The rule
established a cap on emissions of NOX from each state.
States had flexibility in determining which fuel burning sources were
to be included in their rules. For the most part, states targeted
NOX reductions from electric utilities and other large
industrial boilers, cement kilns, and IC engines as sources which could
be controlled in a cost-effective manner. Background information in
this regard is available from documents prepared by EPA, and can be
found at http://www.epa.gov/ttn/rto/otag/index.html.
Some states and industry challenged the rule. In Michigan v. EPA,
213 F.3d 663 (DC Cir. 2000), the Court largely upheld EPA's rulemaking.
It did, however, remand a portion of the rule concerning IC engines to
EPA for further notice and public comment.
Subsequent to the Court's decision, EPA proceeded initially with
rules concerning electric generating units (EGU), industrial boilers
(non-EGU) and cement kilns as Phase I sources. The IC engines fell into
the Phase II group, to be addressed at a later date. Michigan adopted
its Phase I rules and submitted them to EPA. We conditionally approved
them on April 16, 2004 (69 FR 20548) and finally approved them on May
4, 2005 (70 FR 23029).
On April 21, 2004 (69 FR 21603), EPA issued the Phase II Rule. It
required most states with Phase I budget programs to submit a Phase II
plan to achieve incremental reductions not addressed by Phase I rules.
The Phase II Rule also identified the additional NOX budget
reductions (incremental reductions) that states would have to achieve
by regulating large (greater than one ton per day emissions) IC
engines. EPA calculated the amount of incremental reductions required
by re-calculating the overall budget to reflect a control level of 82
percent from natural gas-fired lean-burn IC engines with greater than
one ton per day NOX emissions. MDEQ drafted the new rule (R
336.1818 Emission limitations for stationary internal combustion
engines, also known as Rule 818) based on guidance from EPA dated
September 19, 2004, which contained an example model rule.
The public process for Rule 818 started on April 1, 2006 when the
rule was made available for public comment in the Michigan State
Register. On April 3, 2006, notices that the rule was available for
public comment were published in four newspapers throughout Michigan.
Both the notices in the Michigan State Register and the newspapers
indicated that a public hearing would be held on the rule on May 9,
2006.
On December 22, 2006, the Michigan Department of Environmental
Quality (MDEQ) submitted its Phase II rules to EPA. MDEQ sent
additional follow-up
[[Page 5103]]
information addressing the budget demonstration for this source
category in a March 12, 2007 letter requesting EPA approval. Because
Michigan adopted EPA's model rule in which was used to calculate the
state's Phase II budget, it follows that Michigan's Phase II budget
will be met.
In the Phase II Rule, EPA calculated the 2007 base year emissions
inventory from which Michigan needed additional reductions of 1,033
tons per ozone season. EPA based the calculation upon achieving an 82
percent reduction at all IC engines in Michigan with greater than one
ton per day of NOX emissions.
III. Who is affected by the new rule and the amended rules?
Rule 818 applies only in the fine grid portion of Michigan, as this
is the only portion of Michigan where the NOX SIP Call (both
Phases I and II) applies (see 69 FR 21627-8). Michigan's fine grid
includes the following counties: Allegan, Barry, Bay, Berrien, Branch,
Calhoun, Cass, Clinton, Eaton, Genesee, Gratiot, Hillsdale, Ingham,
Ionia, Isabella, Jackson, Kalamazoo, Kent, Lapeer, Lenaee, Livingston,
Macomb, Mecosta, Midland, Monroe, Montcalm, Muskegon, Newaygo, Oakland,
Oceana, Ottawa, Saginaw, Saint Clair, Saint Joseph, Sanilac,
Shiawassee, Tuscola, Vanburen, Washtenaw and Wayne. Rule 818 applies to
any person who owns or operates a large stationary reciprocating IC
engine and other smaller stationary internal combustion engines that
are included in a compliance plan. A large IC engine is defined as an
engine that emits more than one ton of NOX per ozone season
day, based on operation during the 1995 ozone season.
IV. What does approval of this rule accomplish?
EPA published the incremental budget for affected states including
Michigan in the April 21, 2004, Federal Register (69 FR 21604). The
State's budget demonstration shows that the State will be able to
reduce emissions of NOX to meet the Phase II incremental
difference of 1,033 tons of NOX for the ozone season.
Approval of Rule 818 will provide a means by which the State of
Michigan will meet the required reductions of NOX emissions
from IC engines during the ozone season. The State rule affects
NOX SIP Call IC engines, as well as any other stationary
internal combustion engine subject to NOX control in the
State's rule, within Michigan's fine grid. The emission reductions for
some large engines will be permanent and year-round resulting from low
emission combustion measures retrofitted to existing engines. Low
emission combustion measures cannot be cycled off once the changes are
made to the engine. The combustion control technology is a permanent,
physical change to the design and operation of the engine which, when
implemented, is expected to reduce emissions of NOX year-
round. The State's rules include provisions which the source must
follow to demonstrate compliance with the rules. EPA expects
environmental benefits and health implications to be permanent.
V. How are owners and operators expected to comply with the new
requirement?
The State Rule 818 includes a requirement that an owner or operator
of a large IC engine shall not operate an affected engine during the
ozone period, unless there is a compliance plan which meets the
requirements of the rule. Owners and operators of subject large IC
engines were required to submit compliance plans to the State by
October 1, 2006, and the rules prohibit operation of affected engines
after May 1, 2007, except in compliance with the requirements. Included
in the compliance plan is a requirement that the projected
NOX emissions from the engine, in grams per break
horsepower-hour, be included in a federally enforceable permit. This
information will enable the State to determine if reductions from the
covered sources should meet the Phase II budget increment. The failure
of a source to meet the required NOX reductions is a
violation of the provisions of the permit. The State of Michigan is
expected to enforce non-compliance with its rules by reviewing
monitoring and testing information submitted by the owners and
operators of the affected engines.
VI. What action is EPA taking today?
EPA is approving Rule 818 submitted by Michigan. We are taking this
action because we have determined that the rule satisfies the
requirements of the Clean Air Act and the NOX SIP Call Phase
II rules. The State has shown, through its budget demonstration, that
it can achieve the Phase II budget increment through source compliance
with the State's rules affecting IC engines and the State's permitting
program. Meeting the Phase II budget increment and the Phase I
increment means the State will meet its total overall ozone season
NOX budget and bring about reductions in ozone
concentrations in the State and downwind from Michigan.
VII. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, September 30, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501,
et seq.).
Regulatory Flexibility Act
This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601, et seq.).
Unfunded Mandates Reform Act
Because this rule proposes to approve pre-existing requirements
under state law and does not impose any additional enforceable duty
beyond that required by state law, it does not contain any unfunded
mandate or significantly or uniquely affect small governments, as
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely proposes to approve a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the
[[Page 5104]]
Federal Government and Indian tribes, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000).
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant regulatory action,'' this
action is also not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001).
National Technology Transfer Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use
technical standards that are developed or adopted by voluntary
consensus to carry out policy objectives, so long as such standards are
not inconsistent with applicable law or otherwise impractical. In
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the Clean Air Act. Absent a
prior existing requirement for the state to use voluntary consensus
standards, EPA has no authority to disapprove a SIP submission for
failure to use such standards, and it would thus be inconsistent with
applicable law for EPA to use voluntary consensus standards in place of
a program submission that otherwise satisfies the provisions of the
Clean Air Act. Therefore, the requirements of section 12(d) of the NTTA
do not apply.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements.
Dated: January 11, 2008.
Gary Gulezian,
Acting Regional Administrator, Region 5.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart X--Michigan
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2. In Sec. 52.1170, the table in paragraph (c) entitled ``EPA--
Approved Michigan Regulations'' is amended by adding an entry in Part 8
for ``R 336.1818'' to read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Michigan Regulations
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State
Michigan citation Title effective date EPA approval date Comments
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Part 8. Emission Limitations and Prohibitions--Oxides of Nitrogen
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R 336.1818................. Emission limitations 11/20/06 1/29/08 [Insert page
for stationary number where the
internal combustion document begins].
engines.
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[FR Doc. E8-1415 Filed 1-28-08; 8:45 am]
BILLING CODE 6560-50-P