Approval and Promulgation of an Emission Statement Program; Michigan

U.S. ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI14-02-6138; FRL]-4841-8]

Approval and Promulgation of an Emission Statement Program;

Michigan

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: The USEPA is approving the State Implementation Plan (SIP)

revision request submitted by the State of Michigan on November 16,

1992, supplemented October 25, 1993, and February 7, 1994, for the

purpose of implementing an emission statement program for stationary

sources within the Detroit, Grand Rapids, and Muskegon ozone

nonattainment areas. The implementation plan was submitted by the State

to satisfy the Clean Air Act (Act) requirements for an emission

statement program as part of the SIP for Michigan.

DATES: This action will be effective May 3, 1994 unless notice is

received by April 7, 1994 that someone wishes to submit adverse

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

published in the Federal Register.

ADDRESSES: Comments on this rulemaking should be addressed to: Carlton

Nash, Chief, Regulation Development Section, Air Toxics and Radiation

Branch (AT-18J), United States Environmental Protection Agency, 77 West

Jackson Boulevard, Chicago, Illinois 60604.

Copies of the requested SIP revision, technical support documents,

and public comments received are available at the following

address:United States Environmental Protection Agency, Region 5, Air

and Radiation Division, 77 West Jackson Boulevard (AT-18J), Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Daniel Meyer, Air Toxics and Radiation

Branch, Regulation Development Section (AT-18J), United States

Environmental Protection Agency, Region 5, Chicago, Illinois 60604,

(312) 886-9401.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

On November 16, 1992, the Michigan Department of Natural Resources

(MDNR) submitted to the USEPA rules and reporting forms requiring

emission statements (annual emission reports). Michigan's submittal to

USEPA comprised Natural Resources Commission Rule 336.202 (Rule 2),

Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991

Michigan Air Pollution Reporting Forms, Reference Tables, and General

Instructions. On September 23, 1993 the USEPA proposed to disapprove

the November 16, 1992 submittal in the Federal Register (58 FR 49463-

49464). The MDNR amended its reporting forms, and submitted the 1993

Michigan Air Pollution Reporting Forms, Reference Tables, and General

Instructions to USEPA on October 25, 1993. In addition, the MDNR

provided a summary of its program along with an implementation

strategy. The emission statement submittal addresses the emission

statement requirements which are found at Section 182(a)(3)(B) of the

Act.

Section 182(a)(3)(B) of the Act states that, within 2 years, States

in which ozone nonattainment areas classified marginal or worse are

located must submit revisions to their SIPs to require the owners or

operators of stationary sources of volatile organic compounds (VOC) or

oxides of nitrogen (NOx) to provide States with statements, in a

form acceptable to the USEPA, showing actual emissions of NOx and/

or VOC from those sources. The first emission statements must be

submitted to the States within 3 years of the enactment of the 1990

Clean Air Act Amendments, by November 15, 1993. Subsequent statements

are to be submitted annually thereafter. These statements must contain

certifications of accuracy.

Section 182(a)(3)(B)(ii) of the Act specifies that the States may

waive the emission statement requirements for any class or category of

sources which emit less that 25 tons per year if the States, in their

submissions of base year emission inventories or periodic emission

inventories (required to be submitted to the USEPA every 3 years),

provide for the reporting of the emissions from the exempted source

classes or categories and if the reported emissions are determined

using emission factors acceptable to the USEPA.

II. Analysis of State Submittal

The criteria used to review the submission are found in USEPA's

draft Guidance on the Implementation of an Emission Statement Program,

July 1992. Four criteria have been established for approvability. One,

the State should require sources emitting NOx or VOC in all ozone

nonattainment areas to submit emission statements before November 15,

1993 and annually thereafter. Two, when requesting emission statement

data from sources of NOx or VOC, the State should require: (a)

Certification of data accuracy; (b) source identification information;

(c) operating schedule; (d) emissions information; (e) control

equipment information; and (f) process data. Three, the pollutants

being reported (NOx and VOC) and accompanying terminology should

be clearly identified and defined. Four, the State should commit to

provide emission statement data and updates to USEPA.

After reviewing Michigan's submission against the above criteria,

no deficiencies were found. MDNR requires sources of VOC or NOx in

ozone nonattainment areas to submit emission statement data. The State

notifies sources of this requirement in the State's reporting forms.

The forms request proper certification of data accuracy along with

emission statement data. The emission reporting forms define the

applicable terms necessary to complete the forms. The State is

committed to submitting emission statement information to USEPA via the

Aerometric Information Retrieval System (AIRS) as expeditiously as

possible. A detailed analysis of the SIP is found in three technical

support documents dated June 3, 1993, September 14, 1993, and November

18, 1993.

III. Implications of Action

Based upon USEPA's evaluation of Michigan's November 16, 1992 and

supplemental October 25, 1993 submittal, USEPA is approving the

emission statement submission as a revision to the Michigan ozone SIP.

Nothing in this action should be construed as permitting, allowing or

establishing a precedent for any future request for revision of any

SIP. The USEPA shall consider each request for revision of the SIP in

light of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

IV. Executive Order (EO) 12291

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) waived Table 2 and 3 SIP revisions, 54 FR

2222, from the requirements of section 3 of Executive Order 12291 for a

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

waiver for Table 2 and 3 SIP revisions. OMB has agreed to continue the

waiver until such time as it rules on USEPA's request. This request

continues in effect under Executive Order 12866 which superseded

Executive ORder 12291 on September 30, 1993.

V. Regulatory Flexibility

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. 5 U.S.C. 603 and 604.

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

significant 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.

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 any 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 the USEPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. USEPA 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements, Volatile organic compounds.

Dated: February 4, 1994.

David A. Ullrich,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart X--Michigan

2. Section 52.1170 is amended by adding paragraph (c)(93) to read

as follows:

Sec. 52.1170 Identification of plan.

* * * * *

(c) * * *

(93) On November 16, 1992, the Michigan Department of Natural

Resources submitted Natural Resources Commission Rule 336.202 (Rule 2),

Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991

Michigan Air Pollution Reporting Forms, Reference Tables, and General

Instructions as the States emission statement program. Natural

Resources Commission Rule 336.202 (Rule 2) became effective November

11, 1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became

effective July 23, 1965.

(i) Incorporation by reference.

(A) Natural Resources Commission Rule 336.202 (Rule 2) became

effective November 11, 1986. Section 5 and 14a of the 1965 Air

Pollution Act 348 became effective July 23, 1965.

3. Section 52.1174 is amended by adding paragraph (b) to read as

follows:

Sec. 52.1174 Control strategy: Ozone.

* * * * *

(b) Approval--On November 16, 1992, the Michigan Department of

Natural Resources submitted Natural Resources Commission Rule 336.202

(Rule 2), Sections 5 and 14a of the 1965 Air Pollution Act 348, and the

1991 Michigan Air Pollution Reporting Forms, Reference Tables, and

General Instructions as the States emission statement program. Natural

Resources Commission Rule 336.202 (Rule 2) became effective November

11, 1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became

effective July 23, 1965. These rules have been incorporated by

reference at 40 CFR 52.1170(c)(93). On October 25, 1993, the State

submitted the 1993 Michigan Air Pollution Reporting Forms, Reference

Tables, and General Instructions, along with an implementation strategy

for the State's emission statement program.

[FR Doc. 94-5226 Filed 3-7-94; 8:45 am]

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