Browse: Departments   Dates   Agencies  

CFR Citation: 40 CFR Part 52

DOCUMENT ID: [R05-OAR-2004-MI-0002; FRL-7849-2]

NOTICE: PROPOSED RULES

ACTION: Air quality implementation plans; approval and promulgation; various States:

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Approval and Promulgation of Implementation Plans: Michigan: Oxides of Nitrogen

DATES: Written comments must be received on or before January 24, 2005.

DOCUMENT SUMMARY: The EPA is approving a revision to the plan prepared by Michigan that will limit the emissions of oxides of nitrogen (NOX) from large stationary sources (i.e. power plants, industrial boilers and cement kilns). This plan meets all of the requirements contained in an EPA rule that was published in the Federal Register on April 16, 2004. This rule, otherwise known as the NOX SIP Call Phase I provides for NOX reductions from
[[Page 76887]]
sources in 20 States in the eastern half of the country. The effect of this approval is to ensure federal enforceability of the state air program plan and to maintain consistency between the stateadopted plan and the approved State Implementation Plan (SIP).

SUMMARY: Michigan,

SUPPLEMENTAL INFORMATION

A. Does this action apply to me?

B. What should I consider as I prepare my comments for EPA? II. What action is EPA taking today?
III. Where can I find more information about this proposal and the corresponding direct final rule?
I. General Information

A. Does This Action Apply to Me?

This action applies to large stationary sources of NOX (such as electric generating units that produce electricity for sale, other large boilers that produce steam and/or electricity but do not sell electricity, and cement kilns) in the southern counties (Allegan, Barry, Bay, Berrien, Branch, Calhoun, Cass, Clinton, Eaton, Genesee, Gratiot, Hillsdale, Ingham, Ionia, Isabella, Jackson, Kalamazoo, Kent, Lapeer, Lenawee, Livingston, Macomb, Mecosta, Midland, Monroe, Montcalm, Muskegon, Newaygo, Oakland, Oceana, Ottawa, Saginaw, Saint Clair, Saint Joseph, Sanilac, Shiawassee, Tuscola, Van Buren, Washtenaw, Wayne) of Michigan. This action also applies to the unit at DTE Energy's Harbor Beach facility in Huron County.
B. What Should I Consider as I Prepare My Comments for EPA?

1. Submitting CBI. Do not submit Confidential Business Information (CBI) to EPA through Regional Material in EDocket (RME),
regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

2. Tips for Preparing Your Comments. When submitting comments, remember to:

a. Identify the rulemaking by docket number and other identifying information (subject heading, Federal Register date and page number).

b. Follow directionsThe agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number.

c. Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

d. Describe any assumptions and provide any technical information and/or data that you used.

e. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

f. Provide specific examples to illustrate your concerns, and suggest alternatives.

g. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

[[Page 76888]]

h. Make sure to submit your comments by the comment period deadline identified.

II. What Action Is EPA Taking Today?

EPA is proposing to approve the NOX SIP submitted on April 3, 2003 as modified on May 27, 2004. EPA finds that Michigan's submittals are fully approvable because the initial April 3, 2003 submittal was conditionally approved and the conditions for full approvability were met in the May 27, 2004 submittal. In combination, these two submittals meet the requirements of the Phase I
NOX SIP Call.

We are proposing to approve Michigan's revision of the ozone SIP that responds to EPA's Phase I NOX SIP Call. This revision consists of Michigan Air Pollution Control Rules 803, 805810, and 812 817 as submitted on April 3, 2003 and Michigan Air Pollution Control Rules 802, 804 and 811 as submitted May 27, 2004. A combined package of these rules 802817 as submitted on April 3, 2003 and May 27, 2004 was submitted as a supplement to the May 27, 2004 submittal for ease of incorporation by reference. This supplemental submittal was sent by MDEQ to EPA on August 5, 2004.

By this action, we are also proposing to vacate our April 16, 2004 (69 FR 20548) conditional approval of Michigan's earlier NOX SIP submittal.
III. Where Can I Find More Information About This Proposal and the Corresponding Direct Final Rule?

For additional information, see the Direct Final Rule which is located in the Rules section of this Federal Register. Copies of the request and the EPA's analysis are available electronically at Regional Material in EDocket (RME) or in hard copy at the above address. Please telephone Douglas Aburano at (312) 3536960 before visiting the Region 5 Office.

Dated: December 3, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 0427984 Filed 122204; 8:45 am]
BILLING CODE 656050P

FOR FURTHER INFORMATION CONTACT Douglas Aburano, Environmental Engineer, Criteria Pollutant Section, Air Programs Branch (AR18J), USEPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 3536960. aburano.douglas@epa.gov.