Approval and Promulgation of Implementation Plan; Michigan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI28-01-6328a-FRL-5014-9]

Approval and Promulgation of Implementation Plan; Michigan

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The United States Environmental Protection Agency is approving

Michigan's 1990 base year ozone (O3) emission inventory for the

Grand Rapids and Muskegon nonattainment areas (NAAs) submitted as a

revision to the Michigan State Implementation Plan (SIP) for O3.

Michigan's O3 NAAs are the counties of Muskegon, and the two

county Grand Rapids area (which are the counties of Kent and Ottawa).

The inventory was submitted by the State of Michigan to satisfy a

requirement that those States containing O3 nonattainment areas

(NAAs) classified as marginal to extreme to submit inventories of

actual O3 season and emissions from all sources in accordance with

USEPA guidance.

The rationale for the approval is set forth in this final rule;

additional information is available at the address indicated below in

the supporting Technical Support Document (TSD).

DATES: This final rule will be effective September 26, 1994 unless

notice is received by August 25, 1994 that someone wishes to submit

adverse comments. If the effective date is delayed, timely notice will

be published in the Federal Register.

ADDRESSES: Copies of the SIP revision and USEPA's analyses are

available for inspection at the following address: (It is recommended

that you telephone Jeanette Marrero at (312) 886-6543 before visiting

the Region 5 Office).

United States Environmental Protection Agency, Region 5, Air and

Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.

Written comments can be mailed to Carlton T. Nash, Chief,

Regulation Development Section, Air Toxics and Radiation Branch (AT-

18J), United States Environmental Protection Agency, Region 5, Air and

Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Jeanette Marrero, (312) 886-6543.

SUPPLEMENTARY INFORMATION:

I. Background

Under the Clean Air Act as amended (including 1990 Amendments) (the

Act), States have the responsibility to inventory emissions

contributing to the National Ambient Air Quality Standards (NAAQS)

nonattainment, to track these emissions over time, and to ensure that

control strategies are being implemented that reduce emissions and move

areas towards attainment. Section 182(b) of the Act, 42 U.S.C.

7511a(b)(1), requires O3 NAAs designated as moderate, serious,

severe, and extreme to submit a plan within 3 years after 1990 to

reduce VOC emissions by 15 percent within 6 years after 1990. The

baseline level of emissions, from which the 15 percent reduction is

calculated, is determined by adjusting the base year inventory to

exclude biogenic emissions and to exclude certain emission reductions

not creditable towards the 15 percent. The 1990 base year emissions

inventory is the primary inventory from which the periodic inventory,

the Reasonable Further Progress projection inventory, and the modeling

inventory are derived. See General Preamble to title I, 57 FR 13502

(April 16, 1992). Further information on these inventories and their

purpose can be found in the ``Emission Inventory Requirements for Ozone

State Implementation Plans,'' United States Environmental Protection

Agency, Office of Air Quality Planning and Standards (OAQPS), Research

Triangle Park, North Carolina (March 1991).

The air quality planning requirements for marginal to extreme

O3 NAAs are set out in section 182(a)-(e) of the Act. The General

Preamble to Title I of the Act describes the basis for reviewing SIP

revisions submitted under Title I of the Act, including requirements

for the preparation of the 1990 base year inventory. See 57 FR 13502

(April 16, 1992) and 57 FR 18070 (April 28, 1992). A more detailed

discussion of the interpretations of Title I of the Act, as well as

detailed policy guidance on the development of the emission inventory

is contained in the General Preamble. See 57 FR 18070, Appendix B

(April 28, 1992).

Those States containing O3 NAAs classified as marginal to

extreme are required under section 182(a)(1) of the Act to submit a

final, comprehensive, accurate, and current inventory of actual O3

season and weekday emissions from all sources within 2 years of

enactment (November 15, 1992). The inventory must include both

anthropogenic (man-made) and biogenic (natural) sources of volatile

organic compounds (VOCs), nitrogen oxides (NOX), and carbon

monoxide (CO). The inventory is to address actual VOCs, NOX, and

CO emissions for the area during peak O3 season, which is

generally comprised of the summer months. All stationary point and area

sources, as well as highway mobile sources within the nonattainment

area, are to be included in the compilation. Available guidance for

preparing emission inventories is provided in the General Preamble. See

57 FR 13498 (April 16, 1992).

Summary of the SIP Revision and Criteria in This Notice Action

A. Procedural Background

USEPA must determine whether a submittal is complete and therefore

warrants further USEPA review and action. See section 110(k)(1) and 57

FR

13565 (April 16, 1992). USEPA's completeness criteria for SIP

submittals are set out at 40 CFR Part 51, Appendix V (1991), as amended

by 57 FR 42216 (August 26, 1991). USEPA attempts to make completeness

determinations within 60 days of receiving a submission. However, a

submittal is deemed complete by operation of law if a completeness

determination is not made by USEPA 6 months after receipt of the

submission.

The emission inventory was adopted by the State and signed by the

Governor's designee on January 4, 1993 and submitted to USEPA on

January 5, 1993, as a proposed revision to the SIP. USEPA reviewed

Michigan's emission inventory to determine completeness shortly after

its submittal, in accordance with the completeness criteria set out at

40 CFR Part 51, Appendix V (1991), as amended by 57 FR 42216 (August

26, 1991). USEPA found the January 5, 1993 submittal to be complete on

March 4, 1993, and sent a letter dated March 16, 1993 to the State

indicating that the submittal was complete with the exception of

evidence of a public hearing.

The State of Michigan held a public hearing on August 2, 1993 to

hear public comment on the 1990 base year emission inventory for Grand

Rapids and Muskegon nonattainment areas and certified the hearing to

the USEPA in a submittal on November 15, 1993. Supplemental information

was also submitted to USEPA on November 29, 1993 in response to USEPA's

preliminary comments on the inventory.

After reviewing the evidence of the public hearing USEPA sent a

letter dated January 7, 1994 to Roland Harmes, Director, Michigan

Department of Natural Resources (MDNR), indicating the completeness of

the submittal and the next steps to be taken in the review process.

When reviewing the final inventory, USEPA used the Level I, II, and

III, O3 nonattainment inventory quality review checklists provided

by the OAQPS to determine the acceptance and approvability of the final

emission inventory.

Level I is essentially the initial level of broad review that USEPA

perform in order to determine if the inventory preparation guidance

requirements found in the report ``Emission Inventory Requirements for

Ozone State Implementation Plans'' (EPA-450/4-91-011) have been met.

The Level II review addresses completeness, procedures and consistency

for each of the four general source types in the inventory: stationary

point and area sources, highway mobile sources, and non-highway mobile

sources. The data quality is also evaluated.

The Level III review process is outlined here and consists of 10

points that the inventory must include. For a base year emission

inventory to be acceptable, it must meet all of the following criteria:

1. An approved Inventory Preparation Plan (IPP) was provided and

the Quality Assurance program contained in the IPP was performed and

its implementation documented.

2. Adequate documentation was provided that enabled the reviewer to

determine the emission estimation procedures and the data sources used

to develop the inventory.

3. The point source inventory must be complete.

4. Point source emissions must have been prepared or calculated

according to the current USEPA guidance.

5. The area source inventory must be complete.

6. The area source emissions must have been prepared or calculated

according to the current USEPA guidance.

7. Biogenic emissions must have been prepared according to current

USEPA guidance or another approved technique.

8. The method used to develop VMT estimates must follow USEPA

guidance, which is detailed in the document, ``Procedures for Emission

Inventory Preparation, Volume IV: Mobile Sources'', United States

Environmental Protection Agency, Office of Mobile Sources and OAQPS,

Ann Arbor, Michigan, and Research Triangle Park, North Carolina

(December 1992). The VMT development methods were adequately described

and documented in the inventory report.

9. The MOBILE model was correctly used to produce emission factors

for each of the vehicle classes.

10. Non-road mobile emissions were prepared according to current

EPA guidance for all of the source categories.

The base year emission inventory will be approved if it passes

Levels I, II, and III of the review process. Detailed Level I and II

review procedures can be found in the following document: ``Quality

Review Guidelines for 1990 Base Year Emission Inventories,'' United

States Environmental Protection Agency, OAQPS, Research Triangle Park,

NC, (August 1992). Level III review procedures are specified in a

memorandum from David Mobley and G.T. Helms to the Regions entitled

``1990 O3/CO SIP Emission Inventory Level III Acceptance

Criteria'', October 7, 1992, and revised in a memorandum from John

Seitz, Director of OAQPS, to the Regional Air Directors, dated June 24,

1993.

USEPA completed the Level I and II checklists finding that the

State followed USEPA guidance, and submitted an acceptable emission

inventory. Further information on the procedures followed by USEPA in

completing the review, and the answers to the checklists questions are

available in the TSD.

After completing the Level III review, USEPA found that the State

of Michigan adequately addressed USEPA criteria for providing an

acceptable inventory of actual emissions in the O3 NAAs. A more

detailed discussion of the Level III checklist is also included in the

TSD.

B. Emission Inventory Analysis

The State of Michigan has met the requirements of section 182(a)(1)

of the Act by submitting an O3 SIP revision that includes a

comprehensive, accurate, and current inventory of actual emissions from

all sources of relevant pollutants in the NAAs, classified marginal to

extreme. This section of the notice describes the adequacy of

Michigan's inventory of actual emissions as required by section

182(a)(1).

The State of Michigan Department of Natural Resources submitted a

1990 base year emission inventory for the two areas designated

nonattainment for O3. Michigan's 2 moderate nonattainment areas

for O3 include a total of 3 counties: Muskegon County, and 2 Grand

Rapids counties: Kent and Ottawa. The nonattainment boundaries for

these areas are described in Federal Register notices dated November 6,

1991 (56 FR 56778-56779), and November 30, 1992 (57 FR 56771).

The emissions inventory contains stationary point and area sources,

highway (on-road) and non-highway (or non-road) mobile sources, and

biogenic sources within the NAA. Emissions from these groupings of

emission source types for the two O3 NAAs are presented below in

the following tables by pollutant (VOC, CO, NOX), in units of tons

per summer weekday:

Daily VOC Emissions From All Sources

[Tons/Summer Weekday]

----------------------------------------------------------------------------------------------------------------

Point On-road Non-road

Ozone NAA source Area source source source Biogenic Total

emissions emissions emissions emissions emissions emissions

----------------------------------------------------------------------------------------------------------------

Grand Rapids...................... 41.52 39.31 52.36 23.04 47.06 199.29

Muskegon.......................... 7.28 9.60 13.54 8.77 20.19 58.53

----------------------------------------------------------------------------------------------------------------

Daily CO Emissions From All Sources

[Tons/Summer Weekday]

----------------------------------------------------------------------------------------------------------------

Point On-road Non-road

Ozone NAA source Area source source source Total

emissions emissions emissions emissions emissions

----------------------------------------------------------------------------------------------------------------

Grand Rapids................................... 6.17 9.16 444.75 123.61 583.69

Muskegon....................................... 9.27 1.33 114.80 36.50 161.90

----------------------------------------------------------------------------------------------------------------

Daily NOX Emissions From All Sources

[Tons/Summer Weekday]

----------------------------------------------------------------------------------------------------------------

Point On-road Non-road

Ozone NAA source Area source source source Total

emissions emissions emissions emissions emissions

----------------------------------------------------------------------------------------------------------------

Grand Rapids................................... 117.58 13.96 65.82 16.47 213.83

Muskegon....................................... 17.30 0.60 15.39 3.76 37.05

----------------------------------------------------------------------------------------------------------------

In developing these emission estimates, MDNR followed methodologies

recommended by USEPA for the preparation of O3 inventories.

Information on methods used to determine each of the above source

category groupings is presented in the TSD.

II. Final Rulemaking Action

USEPA approves the 1990 base year O3 emission inventory as

meeting the requirements of section 182(a)(1) of the Act, as a revision

to the O3 SIP for the Muskegon and Grand Rapids areas in Michigan

designated as nonattainment, classified moderate. These areas include

counties of Muskegon, Kent, and Ottawa.

Because USEPA considers this action noncontroversial and routine,

we are approving it without prior proposal. This action will become

effective on September 26, 1994. However, if we receive adverse

comments by August 25, 1994, then USEPA will: (1) publish a document

that withdraws the final action; and (2) address the comments received

in a subsequent final rule based on the proposed action published in

the Proposed Rules section of this Federal Register. The public comment

period will not be extended or reopened.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. U.S.C. 603 and 604.

Alternatively, USEPA may certify that the rule will not have a

significant economic impact on a substantial number of small entities.

Small entities include small businesses, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

The SIP approvals under section 110 and subchapter I, part D of the

Act do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on small entities affected. Moreover, due

to the nature of the Federal-State relationship under the Act,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of State action. The

Act forbids USEPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976).

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225). On January 6, 1989 the Office of

Management and Budget (OMB) waved Table 2 and Table 3 SIP revisions (54

FR 2222) from the requirements of section 3 of Executive Order (EO)

12291 for a period of 2 years. The USEPA has submitted a request for a

permanent waiver for Table 2 and 3 SIP revisions. The OMB has agreed to

continue the waiver until such time of USEPA's request. This request

continues in effect under EO 12866 which superseded EO 12291, on

September 30, 1993.

Nothing in this action should be constructed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to any SIP shall be

considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Nitrogen dioxide, and Volatile organic compounds.

Dated: June 14, 1994.

Valdas V. Adamkus,

Regional Administrator.

40 CFR Part 52 is amended as follows:

PART 52--[AMENDED]

1. The authority citation for Part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7642.

Subpart X--Michigan

2. Section 52.1174 is amended by adding paragraph (c) to read as

follows:

Sec. 52.1174 Control strategy: Ozone.

* * * * *

(c) Approval--On January 5, 1993, the Michigan Department of

Natural Resources submitted a revision to the ozone State

Implementation Plan (SIP) for the 1990 base year inventory. The

inventory was submitted by the State of Michigan to satisfy Federal

requirements under section 182(a)(1) of the Clean Air Act as amended in

1990 (the Act), as a revision to the ozone SIP for the Grand Rapids and

Muskegon areas in Michigan designated nonattainment, classified as

moderate. These areas include counties of Muskegon, and the two county

Grand Rapids area (which are the counties of Kent and Ottawa).

* * * * *

[FR Doc. 94-17604 Filed 7-25-94; 8:45 am]

BILLING CODE 6560-50-P