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E-M:/ Viva federally approved Rule 901....Rule 901 in State Implementation Plan Still Lives!!!

Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>

EPA withdraws its direct final rule, 
originally issued at Russel Harding's urging, 
that Michigan Air pollution control rule 901  be 
removed from the federally approved state 
implementation plan for Michigan.

Rule 901 says that a person shall not emit
air pollution which interferes with the comfortable
enjoyment of life and property which adversely 
affects health. 

Harding/MDEQ wanted to remove rule 901 from 
the federally approved state implementation plan
because if it were not removed, then Michigan 
sources getting Title V operating permits under
the clean air act would have to certify compliance
with rule 901 and provisions might have to be 
inserted in title V operating permits concerning
rule 901.

Removing rule 901 from the federally approved plan
would also open the way for a repeal of Michigan 
rule 901.   Although we've heard no concrete plan of 
that from MDEQ, many industrial groups want to get 
rid of rule 901.   State's like Indiana, Louisiana and 
Texas have nothing like rule 901.

By the way, who filed the adverse comments on the 
direct final rule to U. S. EPA???


[Federal Register: July 29, 1998 (Volume 63, Number 145)]
[Rules and Regulations]               
[Page 40370-40371]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 40370]]



40 CFR Part 52

[MI67-01-7275; FRL-6128-6]

Approval and Promulgation of Implementation Plans; Michigan: 
Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency.

ACTION: Removal of direct final rule amendment.


SUMMARY: On May 19, 1998, the Environmental Protection Agency (EPA) 
published a proposed rule (63 FR 27541) and a direct final rule (63 FR 
27492) approving a correction to the State Implementation Plan (SIP) 
for the State of Michigan regarding the State's emission limitations 
and prohibitions for air contaminant or water vapor. The EPA determined 
that Michigan's air quality Administrative Rule, R336.1901 (Rule 901), 
was erroneously incorporated into the SIP and approved removal of Rule 
901 from the approved Michigan SIP because Rule 901 does not have a 
reasonable connection to the national ambient air quality standards 
(NAAQS) and related air quality goals of the Clean Air Act. The EPA is 
removing the final rule amendment due to adverse comments and will 
summarize and address all relevant public comments in a subsequent 
final rule (based upon the proposed rule cited above).

EFFECTIVE DATE: This removal is effective July 29, 1998.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
following location: United States Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. (Please 
telephone Victoria Hayden at (312) 886-4023 before visiting the Region 
5 Office.)

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, telephone number (312) 


Alex J. Sagady & Associates        Email:  ajs@sagady.com
Environmental Consulting and Database Systems
PO Box 39  East Lansing, MI  48826-0039  
(517) 332-6971 (voice); (517) 332-8987 (fax)

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