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E-M:/ Michigan nitrogen oxide control

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

[Federal Register: December 23, 2004 (Volume 69, Number 246)] [Proposed Rules] [Page 76886-76888] >From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr23de04-24]


40 CFR Part 52
[R05-OAR-2004-MI-0002; FRL-7849-2]

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

AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.


SUMMARY: The EPA is approving a revision to the plan prepared by
Michigan that will limit the emissions of oxides of nitrogen
(NO<SUB>X</SUB>) 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
NO<SUB>X</SUB> SIP Call Phase I provides for NO<SUB>X</SUB> 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 state-adopted plan
and the approved State Implementation Plan (SIP).

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

ADDRESSES: Submit comments, identified by Regional Material in EDocket
(RME) ID No. R05-OAR-2004-MI-0002 by one of the following methods:
Federal eRulemaking Portal: <A HREF="http://www.regulations.gov";>http://www.regulations.gov</A>.
Follow the on-line instructions for submitting comments.
Agency Web site: <A HREF="http://docket.epa.gov/rmepub/index.jsp";>http://docket.epa.gov/rmepub/index.jsp</A>. Regional
Material in EDocket (RME), EPA's electronic public docket and comment
system, is EPA's preferred method for receiving comments. Once in the
system, select ``quick search,'' then key in the appropriate RME Docket
identification number. Follow the on-line instructions for submitting
E-mail: <A HREF="mailto:bortzer.jay@epa.gov";>bortzer.jay@epa.gov</A>.
Fax: (312) 886-5824.
Mail: You may send written comments to: J. Elmer Bortzer, Chief,
Air Programs Branch, (AR-18J), U.S. Environmental Protection Agency, 77
West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: J. Elmer Bortzer, Chief,
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to Regional Material in EDocket
(RME) ID No. R05-OAR-2004-MI-0002. EPA's policy is that all comments
received will be included in the public docket without change,
including any personal information provided, unless the comment
includes information claimed to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise
protected through Regional Material in EDocket (RME), regulations.gov,
or e-mail. The EPA Regional Material in EDocket (RME) Web site and the
federal regulations.gov Web site are ``anonymous access'' systems,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through RME or
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional instructions on submitting comments, go to Section I of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: All documents in the electronic docket are listed in the
Regional Material in EDocket (RME) index at http://www.epa.gov/
rmepub/index.jsp. Although listed in the index, some information is not
publicly available, i.e., Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. Publicly
available docket materials are available either electronically in RME
or in hard copy at Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Please telephone Douglas Aburano at (312) 353-6960 before visiting the
Region 5 Office.

FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental
Engineer, Criteria Pollutant Section, Air Programs Branch (AR-18J),
USEPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604,
(312) 353-6960. <A HREF="mailto:aburano.douglas@epa.gov";>aburano.douglas@epa.gov</A>.


I. General 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 NO<SUB>X</SUB>
(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 e-mail. 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 directions--The 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
    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

II. What Action Is EPA Taking Today?

    EPA is proposing to approve the NO<SUB>X</SUB> 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
    We are proposing to approve Michigan's revision of the ozone SIP
that responds to EPA's Phase I NO<SUB>X</SUB> SIP Call. This revision
consists of Michigan Air Pollution Control Rules 803, 805-810, 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 802-817 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 NO<SUB>X</SUB>
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) 353-6960 before visiting the Region
5 Office.

    Dated: December 3, 2004.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 04-27984 Filed 12-22-04; 8:45 am]


Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy,
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