Approval and Promulgation of State Implementation Plans; Michigan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI69-01-7277a; FRL-6357-3]

Approval and Promulgation of State Implementation Plans; Michigan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving several rule revisions and rescissions

for incorporation into Michigan's State Implementation Plan (SIP). The

Michigan Department of Environmental Quality (MDEQ) submitted these

revisions on August 20, 1998 and supplemented them with a November 3,

1998, letter. They include revisions to degreasing, perchloroethylene

dry cleaning, petroleum refinery, synthetic organic chemical

manufacturing, and delivery vessel loading rules, and a number of rule

rescissions.

DATES: This direct final rule is effective on September 20, 1999,

without further notice, unless EPA receives adverse comment by August

20, 1999. If adverse comment is received, EPA will publish a timely

withdrawal of the direct final rule in the Federal Register informing

the public that the rule will not take effect.

ADDRESSES: You may send written comments to: Carlton T. Nash, Chief,

Regulation Development Section, Air Programs Branch (AR-18J), United

States Environmental Protection Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the SIP revision and EPA's analysis are available for

inspection at the following location: United States Environmental

Protection Agency, Region 5, Air and Radiation Division, 77 West

Jackson Boulevard, Chicago, Illinois 60604. (Please telephone Kathleen

D'Agostino at (312) 886-1767 before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental

Engineer, Regulation Development 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) 886-1767.

SUPPLEMENTARY INFORMATION:

A. Background Information

B. Contents of State Submittal

C. EPA's Evaluation of State Submittal and Final Action

A. Background Information

On August 20, 1998, the MDEQ submitted to EPA a proposed revision

to the Michigan SIP. MDEQ supplemented this revision with a November 3,

1998, letter from Robert Irvine. This submittal included revisions to

degreasing, perchloroethylene dry cleaning, petroleum refinery,

synthetic organic chemical, and delivery vessel loading rules, as well

as a number of rule rescissions. These rule revisions and rescissions

are described briefly below. This rulemaking action does not address

the following rules, which were also part of Michigan's SIP submittal:

R 336.1118, R 336.1122(f), R 336.1278, R 336.1283 to R 336.1287, and R

336.1290. We will address the remaining rule revisions in separate

rulemaking actions.

B. Contents of State Submittal

The following is a brief description of the sections of the SIP

revision that we are addressing in this rulemaking action.

R 336.1611 to R 336.1614 and R 336.1707 to R 336.1710--These rules

address existing and new cold cleaner and degreaser equipment. Michigan

is proposing to revise these rules to exempt sources subject to the

Halogenated Solvent Cleaner National Emission Standards for Hazardous

Air Pollutants from the provisions of the respective rules.

R 336.1619--The State has replaced this rule with the National

Emission Standard for Hazardous Air Pollutants for Perchloroethylene

Dry Cleaners, and therefore proposes to remove this rule from the SIP.

R 336.1622--The proposed revision to this rule allows sources to

comply by complying with EPA's Standards of Performance for Equipment

Leaks of Volatile Organic Compound in Petroleum Refineries.

R 336.1628--The proposed revision to this rule allows sources to

comply by complying with EPA's Standards of

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Performance for Equipment Leaks of Volatile Organic Compound in

Synthetic Organic Chemicals Manufacturing Industry.

R 336.1651--The State proposes to add to the SIP a rule for

degreasers that incorporates the Halogenated Solvents Cleaning National

Emission Standard for Hazardous Air Pollutants.

R 336.1706--The state has removed the word ``new'' in the text of

this rule which applies to the loading of delivery vessels with VOCs.

R 336.91 to R 336.97--The State has rescinded these rules, because

the State deleted the statute providing for a suspension of state

enforcement and replaced it with provisions for delegating authority to

a local pollution control agency. This rendered these rules obsolete.

R 336.601 to R 336.603--These Vehicle Inspection and Maintenance

Rules reference a law no longer in existence. The State has rescinded

these rules as obsolete.

R 336.1373--The State has rescinded this rule pertaining to

fugitive dust because it has been superseded by Section 5525 of Act 451

of the Public Acts of 1994, as amended.

R 336.1501 to R 336.1507--The State has rescinded these rules

pertaining to extending sulfur dioxide compliance dates for power

plants. These compliance dates have now passed, and the rules to which

they pertain have been fully implemented.

R 336.1603--The State has rescinded this rule, which establishes

compliance dates for regulations relating to VOC emissions. These

compliance dates have now passed, and the rules to which they pertain

have been fully implemented.

R 336.2010--The State has rescinded this rule because it describes

a test method that is not applicable to any current emission limit.

R 336.2199(c)--The State has rescinded this subsection, which

refers to sources scheduled to be shut down by October 1980.

R 336.2601--The State has rescinded this rule describing the make-

up of the Air Pollution Control Commission, which is no longer in

existence.

R 336.2602 to R 336.2605--The State has rescinded these rules

describing the organization, procedures and meeting schedule of the Air

Pollution Control Commission, which is no longer in existence.

R 336.2608--The State has rescinded this rule which describes the

involvement of the now defunct Air Pollution Control Commission in

public and contested case hearings.

R 336.2301 to R 336.2308--These rules pertain to air pollution

episodes. The rules have never been used to declare an episode as the

requirements for declaration have never been reached. Further, the

highest monitored concentration of the air contaminants is far below

the concentrations required to declare episodes. Therefore, the State

has rescinded these rules.

C. EPA's Evaluation of State Submittal and Final Action

EPA finds all of these revisions and rescissions acceptable.

Therefore, we are approving the following rules for incorporation into

Michigan's SIP: R 336.1611, R 336.1612, R 336.1613, R 336.1614, R

336.1619, R 336.1622, R 336.1628, R 336.1651, R 336.1706, R 336.1707, R

336.1708, R 336.1709 and R 336.1710. We are also approving the removal

of the following rules from Michigan's SIP: R 336.91, R 336.92, R

336.93, R 336.94, R 336.95, R 336.96, R 336.97, R 336.601, R 336.602, R

336.603, R 336.1373, R 336.1501, R 336.1502, R 336.1503, R 336.1504, R

336.1505, R 336.1506, R 336.1507, R 336.1603, R 336.2010, R

336.2199(c), R 336.2601, R 336.2602, R 336.2603, R 336.2604, R

336.2605, R 336.2608, R 336.2301, R 336.2302, R 336.2303, R 336.2304, R

336.2305, R 336.2306, R 336.2307, and R 336.2308.

We are publishing this action without prior proposal because we

view this as a noncontroversial revision and anticipate no adverse

comments. However, in a separate document in this Federal Register

publication, we are proposing to approve the State Plan if someone

files adverse written comments. This action will be effective without

further notice unless we receive relevant adverse written comment by

August 20, 1999. Should we receive such comments, we will publish a

final rule informing the public that this action will not take effect.

Any parties interested in commenting on this action should do so at

this time. If we do not receive adverse comments, this action will be

effective on September 20, 1999.

D. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the OMB a

description of the extent of EPA's prior consultation with

representatives of affected State, local and tribal governments, the

nature of their concerns, copies of any written communications from the

governments, and a statement supporting the need to issue the

regulation. In addition, E.O. 12875 requires EPA to develop an

effective process permitting elective officials and other

representatives of State, local and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.'' This rule does not create a

mandate on state, local or tribal governments. The rule does not impose

any enforceable duties on these entities. Accordingly, the requirements

of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it is does not

involve decisions intended to mitigate environmental health or safety

risks.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If the mandate is unfunded,

EPA must provide to the OMB, in a separately identified section of the

preamble to the rule, a description of the extent of EPA's prior

consultation with representatives of affected tribal governments, a

summary of the nature of their concerns, and a

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statement supporting the need to issue the regulation. In addition,

E.O. 13084 requires EPA to develop an effective process permitting

elected officials and other representatives of tribal governments ``to

provide meaningful and timely input in the development of regulatory

policies on matters that significantly or uniquely affect their

communities.'' This rule does not significantly or uniquely affect the

communities of Indian tribal governments. Accordingly, the requirements

of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

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 small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air Act (CAA) do not

create any new requirements but simply approve requirements that the

State is already imposing. Therefore, because the Federal SIP approval

does not create any new requirements, I certify that this action will

not have a significant economic impact on a substantial number of small

entities. Moreover, due to the nature of the Federal-State relationship

under the CAA, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C.

7410(a)(2).

F. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

annual costs to State, local, or tribal governments in the aggregate;

or to private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

The EPA has determined that the approval action promulgated does

not include a Federal mandate that may result in estimated annual costs

of $100 million or more to either State, local, or tribal governments

in the aggregate, or to the private sector. This Federal action

approves pre-existing requirements under State or local law, and

imposes no new requirements. Accordingly, no additional costs to State,

local, or tribal governments, or to the private sector, result from

this action.

G. Submission to Congress and the Comptroller General

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. The EPA will submit a report containing this rule and

other required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to the publication of the rule in the Federal Register. A major rule

cannot take effect until 60 days after it is published in the Federal

Register. This rule is not a ``major rule'' as defined by 5 U.S.C.

804(2).

H. Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by September 20, 1999. 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, Carbon dioxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Ozone, Particulate matter, Reporting and recordkeeping requirements,

Sulfur oxides, Volatile organic compounds.

Dated: May 28, 1999.

Francis X. Lyons,

Regional Administrator, Region 5.

For the reasons stated in the preamble, 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 et seq.

Subpart X--Michigan

2. Section 52.1170 is amended by adding paragraph (c)(112) to read

as follows:

Sec. 52.1170 Identification of plan.

* * * * *

(c) * * *

(112) The Michigan Department of Environmental Quality (MDEQ)

submitted a revision to Michigan's State Implementation Plan (SIP) on

August 20, 1998, and supplemented it on November 3, 1998. The revision

removed from the SIP the following rules, which the State rescinded

effective May 28, 1997: R 336.91 Purpose; R 336.92 Suspension of

enforcement; requests by local agencies; R 336.93 Local agency

requirements prior to suspension of enforcement; R 336.94 Commission

public hearings on applications; R 336.95 Suspension of enforcement;

procedures and public notice; R 336.96 Suspension of enforcement;

conditions; R 336.97 Commission review of local agency programs;

renewal of suspended enforcement; R 336.601 Affected counties and

areas; R 336.602 Attainment of national ambient air quality standards;

exemption from inspection and maintenance program requirements; R

336.603 Ozone and carbon monoxide attainment status determination; R

336.1373 Fugitive dust control requirements; areas listed in table 36;

R 336.1501 Emission limits; extension of compliance date past January

1, 1980, generally; R 336.1502 Application; copies; R 336.1503

Application; contents; R 336.1504 Denial of request for extension past

January 1, 1980; R 336.1505 Grant of extension past January 1, 1980; R

336.1506 Receipt of full and complete application; public notice;

inspection; public hearing; R 336.1507 Modification or revocation of

order granting extension; immediate effect; R 336.1603 Compliance

program; R 336.2010 Reference test method 5A; R 336.2199(c); R 336.2601

Organization; R 336.2602 Offices and meetings; R

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336.2603 Documents available for inspection and copying; R 336.2604

Document inspection and copying procedures; tape recording

transcriptions; R 336.2605 Functions; R 336.2608 Hearings and informal

conferences; R 336.2301 Definition of air pollution episode; R 336.2302

Definition of air pollution forecast; R 336.2303 Definition of air

pollution alert; R 336.2304 Definition of air pollution warning; R

336.2305 Definition of air pollution emergency; R 336.2306 Declaration

of air pollution episodes; R 336.2307 Episode emission abatement

programs; and R 336.2308 Episode orders. The rules incorporated below

contain revisions to degreasing, perchloroethylene dry cleaning,

petroleum refinery, synthetic organic chemical manufacturing, and

delivery vessel loading rules.

(i) Incorporation by reference. The following sections of the

Michigan Administrative Code are incorporated by reference.

(A) R 336.1611 Existing cold cleaners, effective June 13, 1997.

(B) R336.1612 Existing open top vapor degreasers, effective June

13, 1997.

(C) R 336.1613 Existing conveyorized cold cleaners, effective June

13, 1997.

(D) R 336.1614 Existing conveyorized vapor degreasers, effective

June 13, 1997.

(E) R 336.1619 Standards for perchloroethylene dry cleaning

equipment, effective June 13, 1997.

(F) R 336.1622 Emission of volatile organic compounds from existing

components of petroleum refineries; refinery monitoring program,

effective June 13, 1997.

(G) R 336.1628 Emission of volatile organic compounds from

components of existing process equipment used in manufacturing

synthetic organic chemicals and polymers; monitoring program, effective

June 13, 1997.

(H) R 336.1651 Standards for Degreasers, effective June 13, 1997.

(I) R 336.1706 Loading delivery vessels with organic compounds

having a true vapor pressure of more than 1.5 psia at new loading

facilities handling 5,000,000 or more gallons of such compounds per

year, effective June 13, 1997.

(J) R 336.1707 New cold cleaners, effective June 13, 1997.

(K) R 336.1708 New open top vapor degreasers, effective June 13,

1997.

(L) R 336.1709 New conveyorized cold cleaners, effective June 13,

1997.

(M) R 336.1710 New conveyorized vapor degreasers, effective June

13, 1997.

[FR Doc. 99-18474 Filed 7-20-99; 8:45 am]

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