[Federal Register Volume 85, Number 97 (Tuesday, May 19, 2020)]
[Proposed Rules]
[Pages 29895-29906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10137]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2019-0239; FRL-10008-73-Region 5]


Air Plan Approval; Michigan; Redesignation of the Berrien County 
Area to Attainment of the 2015 Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to find 
that Berrien County, Michigan is attaining the 2015 ozone National 
Ambient Air Quality Standard (NAAQS or standard) and is proposing to 
approve a request from the Michigan Department of Environment, Great 
Lakes, and Energy (EGLE) to redesignate the area to attainment for the 
2015 ozone NAAQS because the request meets the statutory requirements 
for redesignation under the Clean Air Act (CAA). EGLE submitted this 
request on January 30, 2020 and submitted a clarification letter on 
March 30, 2020. EPA is also proposing to approve, as a revision to the 
Michigan State Implementation Plan (SIP), the State's plan for 
maintaining the 2015 ozone NAAQS through 2030 in the Berrien County 
area. Finally, EPA finds adequate and is proposing to approve 
Michigan's 2023 and 2030 volatile organic compound (VOC) and oxides of 
nitrogen (NOX) Motor Vehicle Emission Budgets (MVEBs) for 
the Berrien County area.

DATES: Comments must be received on or before June 18, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0239 at http://www.regulations.gov or via email to 
compher.michael@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Emily Crispell, Environmental 
Scientist, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312)353-8512, crispell.emily@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is EPA proposing?
II. What is the background for these actions?
III. What are the criteria for redesignation?
IV. What is EPA's analysis of EGLE's redesignation request?
    A. Has the Berrien County area attained the 2015 8-hour ozone 
NAAQS?
    B. Has EGLE met all applicable requirements of section 110 and 
part D of the CAA for the Berrien County area, and does Michigan 
have a fully approved SIP for the area under section 110(k) of the 
CAA?
    C. Are the air quality improvements in the Berrien County area 
due to permanent and enforceable emission reductions?
    D. Does EGLE have a fully approvable ozone maintenance plan for 
the Berrien County area?
V. Has the state adopted approvable motor vehicle emission budgets?
VI. Proposed Actions
VII. Statutory and Executive Order Reviews

I. What is EPA proposing?

    EPA is proposing to take several related actions. EPA is proposing 
to determine that the Berrien County nonattainment area is attaining 
the 2015 ozone NAAQS, based on quality-assured and certified monitoring 
data for 2017 through 2019 and that this area has met the requirements 
for redesignation under section 107(d)(3)(E) of the CAA. EPA is thus 
proposing to change the legal designation of the Berrien County area 
from nonattainment to attainment for the 2015 ozone NAAQS. EPA is also 
proposing to approve, as a revision to the Michigan SIP, the state's 
maintenance plan (such approval being one of the CAA criteria for 
redesignation to attainment status) for the area. The maintenance plan 
is designed to keep the Berrien County area in attainment of the 2015 
ozone NAAQS through 2030. Finally, EPA is proposing to approve the 
newly-established 2023 and 2030 MVEBs for the area.

II. What is the background for these actions?

    EPA has determined that ground-level ozone is detrimental to human 
health. On October 1, 2015, EPA promulgated a revised 8-hour ozone 
NAAQS of 0.070 parts per million (ppm). See 80 FR 65292 (October 26, 
2015). Under EPA's regulations at 40 CFR part 50, the 2015 ozone NAAQS 
is attained in an area when the 3-year average of the annual fourth 
highest daily maximum 8-hour average concentration is equal to or less 
than 0.070 ppm, when truncated after the thousandth decimal place, at 
all of the ozone monitoring sites in the area. See 40 CFR 50.19 and 
appendix U to 40 CFR part 50.
    Upon promulgation of a new or revised NAAQS, section 107(d)(1)(B) 
of the CAA requires EPA to designate as nonattainment any areas that 
are violating the NAAQS, based on the most recent 3 years of quality 
assured ozone monitoring data. The Berrien County area was designated 
as a marginal nonattainment area for the 2015 ozone NAAQS on June 4, 
2018 (83 FR 25776) (effective August 3, 2018).

III. What are the criteria for redesignation?

    Section 107(d)(3)(E) of the CAA allows redesignation of an area to 
attainment of the NAAQS provided that: (1) The Administrator (EPA) 
determines

[[Page 29896]]

that the area has attained the NAAQS; (2) the Administrator has fully 
approved the applicable implementation plan for the area under section 
110(k) of the CAA; (3) the Administrator determines that the 
improvement in air quality is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP, applicable Federal air pollutant control regulations, and other 
permanent and enforceable emission reductions; (4) the Administrator 
has fully approved a maintenance plan for the area as meeting the 
requirements of section 175A of the CAA; and (5) the state containing 
the area has met all requirements applicable to the area for the 
purposes of redesignation under section 110 and part D of the CAA.
    On April 16, 1992, EPA provided guidance on redesignations in the 
General Preamble for the Implementation of Title I of the CAA 
Amendments of 1990 (57 FR 13498) and supplemented this guidance on 
April 28, 1992 (57 FR 18070). EPA has provided further guidance on 
processing redesignation requests in the following documents:

    1. ``Ozone and Carbon Monoxide Design Value Calculations,'' 
Memorandum from Bill Laxton, Director, Technical Support Division, 
June 18, 1990;
    2. ``Maintenance Plans for Redesignation of Ozone and Carbon 
Monoxide Nonattainment Areas,'' Memorandum from G.T. Helms, Chief, 
Ozone/Carbon Monoxide Programs Branch, April 30, 1992;
    3. ``Contingency Measures for Ozone and Carbon Monoxide (CO) 
Redesignations,'' Memorandum from G.T. Helms, Chief, Ozone/Carbon 
Monoxide Programs Branch, June 1, 1992;
    4. ``Procedures for Processing Requests to Redesignate Areas to 
Attainment,'' Memorandum from John Calcagni, Director, Air Quality 
Management Division, September 4, 1992 (the ``Calcagni 
Memorandum'');
    5. ``State Implementation Plan (SIP) Actions Submitted in 
Response to Clean Air Act (CAA) Deadlines,'' Memorandum from John 
Calcagni, Director, Air Quality Management Division, October 28, 
1992;
    6. ``Technical Support Documents (TSDs) for Redesignation of 
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' Memorandum 
from G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, 
August 17, 1993;
    7. ``State Implementation Plan (SIP) Requirements for Areas 
Submitting Requests for Redesignation to Attainment of the Ozone and 
Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) 
On or After November 15, 1992,'' Memorandum from Michael H. Shapiro, 
Acting Assistant Administrator for Air and Radiation, September 17, 
1993;
    8. ``Use of Actual Emissions in Maintenance Demonstrations for 
Ozone and CO Nonattainment Areas,'' Memorandum from D. Kent Berry, 
Acting Director, Air Quality Management Division, November 30, 1993;
    9. ``Part D New Source Review (Part D NSR) Requirements for 
Areas Requesting Redesignation to Attainment,'' Memorandum from Mary 
D. Nichols, Assistant Administrator for Air and Radiation, October 
14, 1994; and
    10. ``Reasonable Further Progress, Attainment Demonstration, and 
Related Requirements for Ozone Nonattainment Areas Meeting the Ozone 
National Ambient Air Quality Standard,'' Memorandum from John S. 
Seitz, Director, Office of Air Quality Planning and Standards, May 
10, 1995.

IV. What is EPA's analysis of EGLE's redesignation request?

A. Has the Berrien County area attained the 2015 8-hour ozone NAAQS?

    For redesignation of a nonattainment area to attainment, the CAA 
requires EPA to determine that the area has attained the applicable 
NAAQS (CAA section 107(d)(3)(E)(i)). An area is attaining the 2015 
ozone NAAQS if it meets the 2015 ozone NAAQS, as determined in 
accordance with 40 CFR 50.15 and appendix U of part 50, based on 3 
complete, consecutive calendar years of quality-assured air quality 
data for all monitoring sites in the area. To attain the NAAQS, the 3-
year average of the annual fourth-highest daily maximum 8-hour average 
ozone concentrations (ozone design values) at each monitor must not 
exceed 0.070 ppm. The air quality data must be collected and quality-
assured in accordance with 40 CFR part 58 and recorded in EPA's Air 
Quality System (AQS). Ambient air quality monitoring data for the 3-
year period must also meet data completeness requirements. An ozone 
design value is valid if daily maximum 8-hour average concentrations 
are available for at least 90% of the days within the ozone monitoring 
seasons,\1\ on average, for the 3-year period, with a minimum data 
completeness of 75% during the ozone monitoring season of any year 
during the 3-year period. See section 4 of appendix U to 40 CFR part 
50.
    EPA has reviewed the available ozone monitoring data from the 
monitoring site in the Berrien County area for the 2017-2019 period. 
These data have been quality assured, are recorded in the AQS, and have 
been certified. These data demonstrate that the Berrien County area is 
attaining the 2015 ozone NAAQS. The annual fourth-highest 8-hour ozone 
concentrations and the 3-year average of these concentrations 
(monitoring site ozone design values) for the monitoring site are 
summarized in Table 1.

  Table 1--Annual Fourth High Daily Maximum 8-Hour Ozone Concentrations and 3-Year Average of the Fourth High Daily Maximum 8-Hour Ozone Concentrations
                                                               for the Berrien County Area
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                                                                                                                            Fourth high      2016-2018
                    County                                       Monitor                       Year         % Observed         (ppm)      average  (ppm)
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Berrien.......................................  26-021-0014.............................            2017              99           0.069           0.069
                                                                                                    2018              88           0.073
                                                                                                    2019              96           0.066
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    The Berrien County area's 3-year  ozone design value for 2017-2019 
is 0.069 ppm, which meets the 2015 ozone NAAQS. Therefore, in today's 
action, EPA proposes to determine that the Berrien County area is 
attaining the 2015 ozone NAAQS.
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    \1\ The ozone season is defined by state in 40 CFR 58 appendix 
D. The ozone season for Michigan is March-October. See, 80 FR 65292, 
65466-67 (October 26, 2015).
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B. Has EGLE met all applicable requirements of section 110 and part D 
of the CAA for the Berrien County area, and does Michigan have a fully 
approved SIP for the area under section 110(k) of the CAA?

    As criteria for redesignation of an area from nonattainment to 
attainment of a NAAQS, the CAA requires EPA to determine that the state 
has met all

[[Page 29897]]

applicable requirements under section 110 and part D of title I of the 
CAA (see section 107(d)(3)(E)(v) of the CAA) and that the state has a 
fully approved SIP under section 110(k) of the CAA (see section 
107(d)(3)(E)(ii) of the CAA). EPA finds that Michigan has met all 
applicable SIP requirements, for purposes of redesignation, under 
section 110 and part D of title I of the CAA (requirements specific to 
nonattainment areas for the 2015 ozone NAAQS). Additionally, EPA finds 
that all applicable requirements of the Michigan SIP for the area have 
been fully approved under section 110(k) of the CAA. In making these 
determinations, EPA ascertained which CAA requirements are applicable 
to the Berrien County area and the Michigan SIP and, if applicable, 
whether the required Berrien County area SIP elements are fully 
approved under section 110(k) and part D of the CAA. As discussed more 
fully below, SIPs must be fully approved only with respect to currently 
applicable requirements of the CAA.
    The Calcagni Memorandum describes EPA's interpretation of section 
107(d)(3)(E) of the CAA. Under this interpretation, a state and the 
area it wishes to redesignate must meet the relevant CAA requirements 
that are due prior to the state's submittal of a complete redesignation 
request for the area. See also the September 17, 1993, Michael Shapiro 
memorandum and 60 FR 12459, 12465-66 (March 7, 1995) (redesignation of 
Detroit-Ann Arbor, Michigan to attainment of the 1-hour ozone NAAQS). 
Applicable requirements of the CAA that come due subsequent to the 
state's submittal of a complete request remain applicable until a 
redesignation to attainment is approved but are not required as a 
prerequisite to redesignation. See section 175A(c) of the CAA. Sierra 
Club v. EPA, 375 F.3d 537 (7th Cir. 2004). See also 68 FR 25424, 25427 
(May 12, 2003) (redesignation of the St. Louis/East St. Louis area to 
attainment of the 1-hour ozone NAAQS).
    1. EGLE has met all applicable requirements of section 110 and part 
D of the CAA applicable to the Berrien County area for purposes of 
redesignation.

a. Section 110 General Requirements for Implementation Plans

    Section 110(a)(2) of the CAA delineates the general requirements 
for a SIP. Section 110(a)(2) provides that the SIP must have been 
adopted by the state after reasonable public notice and hearing, and 
that, among other things, it must: (1) Include enforceable emission 
limitations and other control measures, means or techniques necessary 
to meet the requirements of the CAA; (2) provide for establishment and 
operation of appropriate devices, methods, systems and procedures 
necessary to monitor ambient air quality; (3) provide for 
implementation of a source permit program to regulate the modification 
and construction of stationary sources within the areas covered by the 
plan; (4) include provisions for the implementation of part C 
prevention of significant deterioration (PSD) and part D new source 
review (NSR) permit programs; (5) include provisions for stationary 
source emission control measures, monitoring, and reporting; (6) 
include provisions for air quality modeling; and, (7) provide for 
public and local agency participation in planning and emission control 
rule development.
    Section 110(a)(2)(D) of the CAA requires SIPs to contain measures 
to prevent sources in a state from significantly contributing to air 
quality problems in another state. To implement this provision, EPA has 
required certain states to establish programs to address transport of 
certain air pollutants, e.g., NOX SIP call. However, like 
many of the 110(a)(2) requirements, the section 110(a)(2)(D) SIP 
requirements are not linked with a particular area's ozone designation 
and classification. EPA concludes that the SIP requirements linked with 
the area's ozone designation and classification are the relevant 
measures to evaluate when reviewing a redesignation request for the 
area. The section 110(a)(2)(D) requirements, where applicable, continue 
to apply to a state regardless of the designation of any one particular 
area within the state. Thus, we believe these requirements are not 
applicable requirements for purposes of redesignation. See 65 FR 37890 
(June 15, 2000), 66 FR 50399 (October 19, 2001), 68 FR 25418, 25426-27 
(May 13, 2003).
    In addition, EPA believes that other section 110 elements that are 
neither connected with nonattainment plan submissions nor linked with 
an area's ozone attainment status are not applicable requirements for 
purposes of redesignation. The area will still be subject to these 
requirements after the area is redesignated to attainment of the 2008 
ozone NAAQS. The section 110 and part D requirements which are linked 
with a particular area's designation and classification are the 
relevant measures to evaluate in reviewing a redesignation request. 
This approach is consistent with EPA's existing policy on applicability 
(i.e., for redesignations) of conformity and oxygenated fuels 
requirements, as well as with section 184 ozone transport requirements. 
See Reading, Pennsylvania proposed and final rulemakings, 61 FR 53174-
53176 (October 10, 1996) and 62 FR 24826 (May 7, 1997); Cleveland-
Akron-Loraine, Ohio final rulemaking, 61 FR 20458 (May 7, 1996); and 
Tampa, Florida final rulemaking, 60 FR 62748 (December 7, 1995). See 
also the discussion of this issue in the Cincinnati, Ohio ozone 
redesignation (65 FR 37890, June 19, 2000), and the Pittsburgh, 
Pennsylvania ozone redesignation (66 FR 50399, October 19, 2001).
    We have reviewed Michigan's SIP and have concluded that it meets 
the general SIP requirements under section 110 of the CAA to the extent 
those requirements are applicable for purposes of redesignation.
b. Part D Requirements
    Section 172(c) of the CAA sets forth the basic requirements of air 
quality plans for states with nonattainment areas that are required to 
submit them pursuant to section 172(b). Subpart 2 of part D, which 
includes section 182 of the CAA, establishes specific requirements for 
ozone nonattainment areas depending on the areas' nonattainment 
classifications.
    The Berrien County area was classified as marginal under subpart 2 
for the 2015 ozone NAAQS. As such, the area is subject to the subpart 1 
requirements contained in section 172(c) and section 176. Similarly, 
the area is subject to the subpart 2 requirements contained in section 
182(a) (marginal nonattainment area requirements). A thorough 
discussion of the requirements contained in section 172(c) and 182 can 
be found in the General Preamble for Implementation of Title I (57 FR 
13498).
i. Subpart 1 Section 172 Requirements
    CAA Section 172(b) requires states to submit SIPs meeting the 
requirements of section 172(c) no later than 3 years from the date of 
the nonattainment designation. For the Berrien County nonattainment 
area, SIPs required under CAA section 172 are due August 3, 2021. No 
requirements applicable for purposes of redesignation under part D 
became due prior to EGLE's submission of the complete redesignation 
request, and, therefore, none are applicable to the area for purposes 
of redesignation.
    EPA has previously approved Michigan's NSR program on May 16, 2007 
(72 FR 27425). Nonetheless, EPA has determined that, since PSD

[[Page 29898]]

requirements will apply after redesignation, areas being redesignated 
need not comply with the requirement that an NSR program be approved 
prior to redesignation, provided that the area demonstrates maintenance 
of the NAAQS without part D NSR. A more detailed rationale for this 
view is described in a memorandum from Mary Nichols, Assistant 
Administrator for Air and Radiation, dated October 14, 1994, entitled, 
``Part D New Source Review Requirements for Areas Requesting 
Redesignation to Attainment.'' EGLE has demonstrated that the Berrien 
area will be able to maintain the 2015 ozone NAAQS without part D NSR 
in effect; therefore, EPA concludes that the state need not have a 
fully approved part D NSR program prior to approval of the 
redesignation request. See rulemakings for Detroit, Michigan (60 FR 
12467-12468, March 7, 1995); Cleveland-Akron-Lorain, Ohio (61 FR 20458, 
20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 53665, October 
23, 2001); and Grand Rapids, Michigan (61 FR 31834-31837, June 21, 
1996). EGLE's PSD program will become effective in the Berrien County 
area upon redesignation to attainment. EPA approved EGLE's PSD program 
on March 25, 2010 (75 FR 14352).
ii. Section 176 Conformity Requirements
    Section 176(c) of the CAA requires states to establish criteria and 
procedures to ensure that federally supported or funded projects 
conform to the air quality planning goals in the applicable SIP. The 
requirement to determine conformity applies to transportation plans, 
programs and projects that are developed, funded or approved under 
title 23 of the United States Code (U.S.C.) and the Federal Transit Act 
(transportation conformity) as well as to all other federally supported 
or funded projects (general conformity). State transportation 
conformity SIP revisions must be consistent with Federal conformity 
regulations relating to consultation, enforcement and enforceability 
that EPA promulgated pursuant to its authority under the CAA.
    EPA interprets the conformity SIP requirements \2\ as not applying 
for purposes of evaluating a redesignation request under section 107(d) 
because state conformity rules are still required after redesignation 
and Federal conformity rules apply where state conformity rules have 
not been approved. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001) 
(upholding this interpretation); see also 60 FR 62748 (December 7, 
1995) (redesignation of Tampa, Florida). Nonetheless, EGLE has an 
approved conformity SIP for the Berrien County area. See 61 FR 66607 
(December 18, 1996) and 82 FR 17134 (April 20, 2017).
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    \2\ CAA section 176(c)(4)(E) requires states to submit revisions 
to their SIPs to reflect certain Federal criteria and procedures for 
determining transportation conformity. Transportation conformity 
SIPs are different from SIPs requiring the development of MVEBs, 
such as control strategy SIPs and maintenance plans.
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iii. Section 182(a) Requirements
    Section 182(a)(1) requires states to submit a comprehensive, 
accurate, and current inventory of actual emissions from sources of VOC 
and NOX emitted within the boundaries of the ozone 
nonattainment area within two years of designation. For the Berrien 
County area, this submission is due August 3, 2020. Because it will 
become due after EGLE's submission of a complete redesignation request 
for the Berrien County area, it is not an applicable requirement for 
purposes of redesignation.
    Under section 182(a)(2)(A), states with ozone nonattainment areas 
that were designated prior to the enactment of the 1990 CAA amendments 
were required to submit, within six months of classification, all rules 
and corrections to existing VOC reasonably available control technology 
(RACT) rules that were required under section 172(b)(3) prior to the 
1990 CAA amendments. The Berrien County area is not subject to the 
section 182(a)(2) RACT ``fix up'' requirement for the 2015 ozone NAAQS 
because the Berrien County area was designated as nonattainment for the 
2015 ozone NAAQS after the enactment of the 1990 CAA amendments.
    Section 182(a)(2)(B) requires each state with a marginal ozone 
nonattainment area that implemented or was required to implement a 
vehicle inspection and maintenance (I/M) program prior to the 1990 CAA 
amendments to submit a SIP revision for an I/M program no less 
stringent than that required prior to the 1990 CAA amendments or 
already in the SIP at the time of the CAA amendments, whichever is more 
stringent. For the purposes of the 2015 ozone NAAQS and the 
consideration of EGLE's redesignation request for this standard, the 
Berrien County area is not subject to the section 182(a)(2)(B) 
requirement because the Berrien County area was designated as 
nonattainment for the 2015 ozone NAAQS after the enactment of the 1990 
CAA amendments.
    Section 182(a)(2)(C), under the heading ``Corrections to the State 
implementation plans--Permit programs'' contains a requirement for 
states to submit NSR SIP revisions to meet the requirements of CAA 
sections 172(c)(5) and 173 within 2 years after the date of enactment 
of the 1990 CAA Amendments. For the purposes of the 2015 ozone NAAQS 
and the consideration of EGLE's redesignation request for this 
standard, the Berrien County area is not subject to the section 
182(a)(2)(C) requirement because the Berrien County area was designated 
as nonattainment for the 2015 ozone NAAQS after the enactment of the 
1990 CAA amendments.
    Section 182(a)(4) specifies the emission offset ratio for marginal 
areas but does not establish a SIP submission deadline. EPA's December 
6, 2018 implementation rule for the 2015 ozone NAAQS clarifies that 
nonattainment NSR permit program requirements applicable to the 2015 
NAAQS are due 3 years from the effective date of the nonattainment 
designation, i.e., August 3, 2021. See 83 FR 62998, 63001. This 
approach is based on the provision in CAA section 172(b) requiring the 
submission of plans or plan revisions ``no later than 3 years from the 
date of the nonattainment designation.'' Because this requirement will 
become due after EGLE's submission of a complete redesignation request 
for the Berrien County area, it is not an applicable requirement for 
purposes of redesignation.
    While EGLE has not submitted a nonattainment NSR SIP revision to 
address the 2015 ozone NAAQS, EGLE currently has a fully-approved part 
D NSR program in place. In addition, EPA approved EGLE's PSD program on 
March 25, 2010 (75 FR 14352). As discussed above, EGLE has demonstrated 
that the Berrien County area will be able to maintain the 2015 ozone 
NAAQS without part D NSR in effect; therefore, EPA concludes that the 
state need not have a fully approved part D NSR program prior to 
approval of the redesignation request. The state's PSD program will 
become effective in the Berrien County area upon redesignation to 
attainment.
    Section 182(a)(3) requires states to submit periodic emission 
inventories and a revision to the SIP to require the owners or 
operators of stationary sources to annually submit emission statements 
documenting actual VOC and NOX emissions. As discussed below 
in section IV.D.4. of this proposed rule, EGLE will continue to update 
its emissions inventory at least once every 3 years. With regard to 
stationary source emission statements, this submission is due August 3, 
2020. Because it will become due after EGLE's submission of

[[Page 29899]]

a complete redesignation request for the Berrien County area, it is not 
an applicable requirement for purposes of redesignation.
    Therefore, EPA finds that the Berrien County area has satisfied all 
applicable requirements for purposes of redesignation under section 110 
and part D of title I of the CAA.

2. The Berrien County Area Has a Fully Approved SIP for Purposes of 
Redesignation Under Section 110(k) of the CAA

    At various times, EGLE has adopted and submitted, and EPA has 
approved, provisions addressing the various SIP elements applicable for 
the ozone NAAQS. As discussed above, EPA has fully approved the 
Michigan SIP for the Berrien County area under section 110(k) for all 
requirements applicable for purposes of redesignation under the 2015 
ozone NAAQS. EPA may rely on prior SIP approvals in approving a 
redesignation request (see the Calcagni memorandum at page 3; 
Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 
989-990 (6th Cir. 1998); Wall v. EPA, 265 F.3d 426), plus any 
additional measures it may approve in conjunction with a redesignation 
action (see 68 FR 25426 (May 12, 2003) and citations therein).
C. Are the air quality improvements in the Berrien County area due to 
permanent and enforceable emission reductions?
    To redesignate an area from nonattainment to attainment, section 
107(d)(3)(E)(iii) of the CAA requires EPA to determine that the air 
quality improvement in the area is due to permanent and enforceable 
reductions in emissions resulting from the implementation of the SIP 
and applicable Federal air pollution control regulations and other 
permanent and enforceable emission reductions. EPA has determined that 
EGLE has demonstrated that that the observed ozone air quality 
improvement in the Berrien County area is due to permanent and 
enforceable reductions in VOC and NOX emissions resulting 
from state measures adopted into the SIP and Federal measures.
    In making this demonstration, the state has calculated the change 
in emissions between 2014 and 2017. The reduction in emissions and the 
corresponding improvement in air quality over this time period can be 
attributed to a number of regulatory control measures that the Berrien 
County area and upwind areas have implemented in recent years. In 
addition, EGLE provided an analysis to demonstrate the improvement in 
air quality was not due to unusually favorable meteorology. Based on 
the information summarized below, EPA finds that EGLE has adequately 
demonstrated that the improvement in air quality is due to permanent 
and enforceable emissions reductions.
1. Permanent and Enforceable Emission Controls Implemented
a. Regional NOX Controls
    Clean Air Interstate Rule (CAIR)/Cross State Air Pollution Rule 
(CSAPR). CAIR created regional cap-and-trade programs to reduce sulfur 
dioxide (SO2) and NOX emissions in 27 eastern 
states, including Michigan, that contributed to downwind nonattainment 
and maintenance of the 1997 ozone NAAQS and the 1997 fine particulate 
matter (PM2.5) NAAQS. See 70 FR 25162 (May 12, 2005). EPA 
approved EGLE's CAIR regulations into the Michigan SIP on August 18, 
2009 (74 FR 41637). In 2008, the United States Court of Appeals for the 
District of Columbia Circuit (D.C. Circuit) initially vacated CAIR, 
North Carolina v. EPA, 531 F.3d 896 (DC Cir. 2008), but ultimately 
remanded the rule to EPA without vacatur to preserve the environmental 
benefits provided by CAIR, North Carolina v. EPA, 550 F.3d 1176, 1178 
(D.C. Cir. 2008). On August 8, 2011 (76 FR 48208), acting on the D.C. 
Circuit's remand, EPA promulgated CSAPR to replace CAIR and thus 
addressed the interstate transport of emissions contributing to 
nonattainment and interfering with maintenance of the two air quality 
standards covered by CAIR as well as the 2006 PM2.5 NAAQS. 
CSAPR requires substantial reductions of SO2 and 
NOX emissions from electric generating units (EGUs) in 28 
states in the Eastern United States.
    The D.C. Circuit's initial vacatur of CSAPR \3\ was reversed by the 
United States Supreme Court on April 29, 2014, and the case was 
remanded to the D.C. Circuit to resolve remaining issues in accordance 
with the high court's ruling. EPA v. EME Homer City Generation, L.P., 
134 S. Ct. 1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in 
most respects, but invalidated without vacating some of the CSAPR 
budgets as to a number of states. EME Homer City Generation, L.P. v. 
EPA, 795 F.3d 118 (D.C. Cir. 2015). The remanded budgets include the 
Phase 2 NOX ozone season emissions budgets for Michigan. On 
September 7, 2016, in response to the remand, EPA finalized an update 
to CSAPR requiring further reductions in NOX emissions from 
EGUs beginning in May 2017. This final rule was projected to result in 
a 20% reduction in ozone season NOX emissions from EGUs in 
the eastern United States, a reduction of 80,000 tons in 2017 compared 
to 2015 levels.
---------------------------------------------------------------------------

    \3\ EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. 
Cir. 2012).
---------------------------------------------------------------------------

    There are no EGUs in the Berrien County area. However, the 
reduction in NOX emissions from the implementation of CSAPR 
results in lower concentration of transported ozone entering the 
Berrien County area upon implementation of the phase 2 budgets in 2017 
and throughout the maintenance period.
b. Federal Emission Control Measures
    Reductions in VOC and NOX emissions have occurred 
statewide and in upwind areas as a result of Federal emission control 
measures, with additional emission reductions expected to occur in the 
future. Federal emission control measures include the following.
    Tier 2 Emission Standards for Vehicles and Gasoline Sulfur 
Standards. On February 10, 2000 (65 FR 6698), EPA promulgated Tier 2 
motor vehicle emission standards and gasoline sulfur control 
requirements. These emission control requirements result in lower VOC 
and NOX emissions from new cars and light duty trucks, 
including sport utility vehicles. With respect to fuels, this rule 
required refiners and importers of gasoline to meet lower standards for 
sulfur in gasoline, which were phased in between 2004 and 2006. By 
2006, refiners were required to meet a 30 ppm average sulfur level, 
with a maximum cap of 80 ppm. This reduction in fuel sulfur content 
ensures the effectiveness of low emission-control technologies. The 
Tier 2 tailpipe standards established in this rule were phased in for 
new vehicles between 2004 and 2009. EPA estimates that, when fully 
implemented, this rule will cut NOX and VOC emissions from 
light-duty vehicles and light-duty trucks by approximately 76% and 28%, 
respectively. NOX and VOC reductions from medium-duty 
passenger vehicles included as part of the Tier 2 vehicle program are 
estimated to be approximately 37,000 and 9,500 tons per year, 
respectively, when fully implemented. As projected by these estimates 
and demonstrated in the on-road emission modeling for the Berrien 
County area, much of these emission reductions occurred by the 
attainment years and additional emission reductions will occur 
throughout the maintenance period, as older vehicles are replaced with 
newer, compliant model years.
    Tier 3 Emission Standards for Vehicles and Gasoline Sulfur 
Standards.

[[Page 29900]]

On April 28, 2014 (79 FR 23414), EPA promulgated Tier 3 motor vehicle 
emission and fuel standards to reduces both tailpipe and evaporative 
emissions and to further reduce the sulfur content in fuels. The rule 
will be phased in between 2017 and 2025. Tier 3 sets new tailpipe 
standards for the sum of VOC and NOX and for particulate 
matter. The VOC and NOX tailpipe standards for light-duty 
vehicles represent approximately an 80% reduction from today's fleet 
average and a 70% reduction in per-vehicle particulate matter (PM) 
standards. Heavy-duty tailpipe standards represent about a 60% 
reduction in both fleet average VOC and NOX and per-vehicle 
PM standards. The evaporative emissions requirements in the rule will 
result in approximately a 50% reduction from current standards and 
apply to all light-duty and on-road gasoline-powered heavy-duty 
vehicles. Finally, the rule lowers the sulfur content of gasoline to an 
annual average of 10 ppm by January 2017. As projected by these 
estimates and demonstrated in the on-road emission modeling for the 
Berrien County area, some of these emission reductions occurred by the 
attainment years and additional emission reductions will occur 
throughout the maintenance period, as older vehicles are replaced with 
newer, compliant model years.
    Heavy-Duty Diesel Engine Rules. In July 2000, EPA issued a rule for 
on-road heavy-duty diesel engines that includes standards limiting the 
sulfur content of diesel fuel. Emissions standards for NOX, 
VOC and PM were phased in between model years 2007 and 2010. In 
addition, the rule reduced the highway diesel fuel sulfur content to 15 
ppm by 2007, leading to additional reductions in combustion 
NOX and VOC emissions. EPA has estimated future year 
emission reductions due to implementation of this rule. Nationally, EPA 
estimated that 2015 NOX and VOC emissions would decrease by 
1,260,000 tons and 54,000 tons, respectively. Nationally, EPA estimated 
that by 2030 NOX and VOC emissions will decrease by 
2,570,000 tons and 115,000 tons, respectively. As projected by these 
estimates and demonstrated in the on-road emission modeling for the 
Berrien County area, some of these emission reductions occurred by the 
attainment years and additional emission reductions will occur 
throughout the maintenance period, as older vehicles are replaced with 
newer, compliant model years.
    Non-road Diesel Rule. On June 29, 2004 (69 FR 38958), EPA issued a 
rule adopting emissions standards for non-road diesel engines and 
sulfur reductions in non-road diesel fuel. This rule applies to diesel 
engines used primarily in construction, agricultural, and industrial 
applications. Emission standards are phased in for 2008 through 2015 
model years based on engine size. The SO2 limits for non-
road diesel fuels were phased in from 2007 through 2012. EPA estimates 
that when fully implemented, compliance with this rule will cut 
NOX emissions from these non-road diesel engines by 
approximately 90%. As projected by these estimates and demonstrated in 
the non-road emission modeling for the Berrien County area, some of 
these emission reductions occurred by the attainment years and 
additional emission reductions will occur throughout the maintenance 
period.
    Non-road Spark-Ignition Engines and Recreational Engine Standards. 
On November 8, 2002 (67 FR 68242), EPA adopted emission standards for 
large spark-ignition engines such as those used in forklifts and 
airport ground-service equipment; recreational vehicles such as off-
highway motorcycles, all-terrain vehicles, and snowmobiles; and 
recreational marine diesel engines. These emission standards are phased 
in from model year 2004 through 2012. When fully implemented, EPA 
estimates an overall 72% reduction in VOC emissions from these engines 
and an 80% reduction in NOX emissions. As projected by these 
estimates and demonstrated in the non-road emission modeling for the 
Berrien County area, some of these emission reductions occurred by the 
attainment years and additional emission reductions will occur 
throughout the maintenance period.
    Category 3 Marine Diesel Engine Standards. On April 30, 2010 (75 FR 
22896) EPA issued emission standards for marine compression-ignition 
engines at or above 30 liters per cylinder. Tier 2 emission standards 
apply beginning in 2011 and are expected to result in a 15 to 25% 
reduction in NOX emissions from these engines. Final Tier 3 
emission standards apply beginning in 2016 and are expected to result 
in approximately an 80% reduction in NOX from these engines. 
As projected by these estimates and demonstrated in the non-road 
emission modeling for the Berrien County area, some of these emission 
reductions occurred by the attainment years and additional emission 
reductions will occur throughout the maintenance period.
2. Emission Reductions
    Michigan is using a 2014 emissions inventory as the nonattainment 
year. This is appropriate because it was one of the years used to 
designate the area as nonattainment. Michigan is using 2017 as the 
attainment year, which is appropriate because it is one of the years in 
the 2017-2019 period used to demonstrate attainment.
    Area, point, and non-road mobile emissions were collected from data 
available on EPA's Air Emissions Modeling and National Emissions 
Inventory (NEI) websites.\4\ Using Emissions Modeling platform 2016v1, 
EGLE used 2016fh, 2023fh and 2028fh versions of the 2016v1 platform and 
2014 NEI version 2 for this analysis. Tons per summer day (TPSD) 
emissions for the area and point sectors were then derived by dividing 
the annual emissions by 365. This method of deriving TPSD for the area 
and point sectors takes the conservative approach of assuming steady 
operation over 365 days each year. TPSD emissions for the non-road 
sector were derived by dividing the annual value by 330. This method of 
deriving TPSD accounts for non-road sources possibly having slightly 
higher emissions in the summer. 2017 emissions were derived by linear 
interpolation between 2016 and 2023 (2016fh and 2023fh). 2030 emissions 
were derived by linear interpolation between 2023 and 2028 (2023fh and 
2028fh).
---------------------------------------------------------------------------

    \4\ www.epa.gov/air-emissions-modeling/2016v1-platform.
    www.epa.gov/air-emissions-inventories/2014-national-emissions-inventory-nei-data.
---------------------------------------------------------------------------

    On-road mobile source emissions were calculated from emission 
factors produced by EPA's Motor Vehicle Emission Simulator model, 
MOVES2014a, and data extracted from the region's travel-demand model.
    Using the inventories described above, EGLE's submittal documents 
changes in VOC and NOX emissions from 2014 to 2017 for the 
Berrien County area. Emissions data are shown in Tables 2 through 6.

[[Page 29901]]



                  Table 2--Berrien County Area NOX Emissions for Nonattainment Year 2014 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area          Non-road         On-road          Total
----------------------------------------------------------------------------------------------------------------
Berrien.........................            1.61            2.21            2.22            9.01           15.05
----------------------------------------------------------------------------------------------------------------


                  Table 3--Berrien County Area VOC Emissions for Nonattainment Year 2014 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area          Non-road         On-road          Total
----------------------------------------------------------------------------------------------------------------
Berrien.........................            1.34            7.38            3.81            4.81           17.34
----------------------------------------------------------------------------------------------------------------


                   Table 4--Berrien County Area NOX Emissions for Attainment Year 2017 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area          Non-road         On-road          Total
----------------------------------------------------------------------------------------------------------------
Berrien.........................            1.59            2.18            1.08            5.94           10.79
----------------------------------------------------------------------------------------------------------------


                   Table 5--Berrien County Area VOC Emissions for Attainment Year 2017 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area          Non-road         On-road          Total
----------------------------------------------------------------------------------------------------------------
Berrien.........................            1.20            7.38            1.36            3.50           13.44
----------------------------------------------------------------------------------------------------------------


                            Table 6--Change in NOX and VOC Emissions in the Berrien County Area Between 2014 and 2017 (TPSD).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     NoX                                                    VOC
                  County                  --------------------------------------------------------------------------------------------------------------
                                             Point       Area     Non-road   On-road      Total      Point       Area     Non-road   On-road     Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Berrien..................................      -0.02      -0.03      -1.14      -3.07      -4.26       -0.14          0      -2.45      -1.31       -3.9
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 6, NOX and VOC emissions in the 
Berrien County area declined by 4.26 TPSD and 3.9 TPSD, respectively, 
between 2014 and 2017.
3. Meteorology
    To further support EGLE's demonstration that the improvement in air 
quality between the year violations occurred and the year attainment 
was achieved is due to permanent and enforceable emission reductions 
and not unusually favorable meteorology, an analysis was performed by 
EGLE. EGLE analyzed the maximum fourth-high 8-hour ozone values for 
May, June, July, August, and September, as those months are more likely 
to have days over 80 degrees, leading to higher ozone formation for 
years 2000 to 2019.
    First, the daily maximum 8-hour ozone concentration at the Coloma 
monitor in the Berrien County area was compared to the number of days 
where the maximum temperature was greater than or equal to 80 [deg]F. 
While there is a clear trend in decreasing ozone concentrations at the 
monitor, there is no such trend in the temperature data.
    EGLE also examined the relationship between the average summer 
temperature for each year of the 2000-2019 period and the annual 
fourth-high 8-hour ozone concentration. EGLE conducted this analysis 
using the fourth-high 8-hour ozone concentration from the Coloma 
monitor in the Berrien County area. While there is some correlation 
between average summer temperatures and ozone concentrations, this 
correlation does not exist over the study period. The linear 
regressions for each data set demonstrate that average summer 
temperatures have increased over the 2000 to 2019 period while average 
ozone concentrations have decreased. Because the correlation between 
temperature and ozone formation is well established, these data suggest 
that reductions in precursors are responsible for the reductions in 
ozone concentrations in the Berrien County area and not unusually 
favorable summer temperatures.
    Finally, EGLE analyzed the relationship between average summertime 
relative humidity and fourth-high 8-hour ozone concentrations. The data 
did not show a correlation between relative humidity and ozone 
concentrations.
    As discussed above, EGLE identified numerous Federal rules that 
resulted in the reduction of VOC and NOx emissions from 2014 to 2017. 
In addition, EGLE's analyses of meteorological variables associated 
with ozone formation demonstrate that the improvement in air quality in 
the Berrien County area between the year violations occurred and the 
year attainment was achieved is not due to unusually favorable 
meteorology. Therefore, EPA finds that Michigan has shown that the air 
quality improvements in the Berrien County area are due to permanent 
and enforceable emissions reductions.

D. Does EGLE have a fully approvable ozone maintenance plan for the 
Berrien County area?

    As one of the criteria for redesignation to attainment section 
107(d)(3)(E)(iv) of the CAA requires EPA to determine that the area has 
a fully approved maintenance plan pursuant to section 175A of the CAA. 
Section 175A of the CAA sets forth the elements of a maintenance plan 
for areas seeking redesignation from nonattainment to attainment. Under 
section 175A, the maintenance plan must demonstrate continued 
attainment of the NAAQS for at least 10 years after the Administrator 
approves a redesignation to attainment. Eight years after the 
redesignation, the state must submit a revised maintenance plan which 
demonstrates that attainment of the NAAQS will continue for an 
additional 10 years beyond the initial 10-year maintenance period. To 
address the possibility of future NAAQS violations, the maintenance 
plan must contain contingency measures, as EPA

[[Page 29902]]

deems necessary, to assure prompt correction of the future NAAQS 
violation.
    The Calcagni Memorandum provides further guidance on the content of 
a maintenance plan, explaining that a maintenance plan should address 
five elements: (1) An attainment emission inventory; (2) a maintenance 
demonstration; (3) a commitment for continued air quality monitoring; 
(4) a process for verification of continued attainment; and (5) a 
contingency plan. In conjunction with its request to redesignate the 
Berrien County area to attainment for the 2015 ozone NAAQS, EGLE 
submitted a SIP revision to provide for maintenance of the 2015 ozone 
NAAQS through 2030, more than 10 years after the expected effective 
date of the redesignation to attainment. As discussed below, EPA 
proposes to find that EGLE's ozone maintenance plan includes the 
necessary components and approve the maintenance plan as a revision of 
the Michigan SIP.
1. Attainment Inventory
    EPA is proposing to determine that the Berrien County area has 
attained the 2015 ozone NAAQS based on monitoring data for the period 
of 2017-2019. EGLE selected 2017 as the attainment emissions inventory 
year to establish attainment emission levels for VOC and 
NOX. The attainment emissions inventory identifies the 
levels of emissions in the Berrien County area that are sufficient to 
attain the 2015 ozone NAAQS. The derivation of the attainment year 
emissions was discussed above in section IV.C.2. of this proposed rule. 
The attainment level emissions, by source category, are summarized in 
Tables 4 and 5 above.
2. Has the state documented maintenance of the ozone standard in the 
Berrien County area?
    EGLE has demonstrated maintenance of the 2015 ozone NAAQS through 
2030 by assuring that current and future emissions of VOC and 
NOX for the Berrien County area remain at or below 
attainment year emission levels. A maintenance demonstration need not 
be based on modeling. See Wall v. EPA, 265 F.3d 426 (6th Cir. 2001), 
Sierra Club v. EPA, 375 F. 3d 537 (7th Cir. 2004). See also 66 FR 
53094, 53099-53100 (October 19, 2001), 68 FR 25413, 25430-25432 (May 
12, 2003).
    EGLE is using emissions inventories for the years 2023 and 2030 to 
demonstrate maintenance. 2030 is more than 10 years after the expected 
effective date of the redesignation to attainment and 2023 was selected 
to demonstrate that emissions are not expected to spike in the interim 
between the attainment year and the final maintenance year. The 
emissions inventories were developed as described below.
    Point, area and non-road mobile emissions were collected from data 
available on EPA's Air Emissions Modeling website. Using Emissions 
Modeling platform 2016v1, EGLE collected data for the 2023 and 2028 
projected inventories. TPSD emissions for the area and point sectors 
were then derived by dividing the annual emissions by 365. TPSD 
emissions for the non-road sector were derived by dividing the annual 
value by 330. For interim year 2023, version 2023fh was used without 
modification. 2030 emissions were derived by extrapolating from version 
2023fh and 2028fh.
    On-road mobile source emissions were calculated from emission 
factors produced by EPA's MOVES2014a model and data extracted from the 
region's travel-demand model. Emissions data are shown in Tables 7 
through 11 below.

               Table 7--Berrien County Area NOX Emissions for Interim Maintenance Year 2023 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area          Non-road         On-road          Total
----------------------------------------------------------------------------------------------------------------
Berrien.........................            2.25            2.10            0.79            3.15            8.29
----------------------------------------------------------------------------------------------------------------


               Table 8--Berrien County Area VOC Emissions for Interim Maintenance Year 2023 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area          Non-road         On-road          Total
----------------------------------------------------------------------------------------------------------------
Berrien.........................            1.26            7.28            1.06            2.24           11.84
----------------------------------------------------------------------------------------------------------------


                   Table 9--Berrien County Area NOX Emissions for Maintenance Year 2030 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area          Non-road         On-road          Total
----------------------------------------------------------------------------------------------------------------
Berrien.........................            2.25            2.05            0.65            1.85            6.80
----------------------------------------------------------------------------------------------------------------


                  Table 10--Berrien County Area VOC Emissions for Maintenance Year 2030 (TPSD)
----------------------------------------------------------------------------------------------------------------
             County                    Point           Area          Non-road         On-road          Total
----------------------------------------------------------------------------------------------------------------
Berrien.........................            1.24            7.15            1.00            1.70           11.09
----------------------------------------------------------------------------------------------------------------


                            Table 11--Change in NOX and VOC Emissions in the Berrien County Area Between 2017 and 2030 (TPSD)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   NOX                                           VOC
                                                             -------------------------------------------------------------------------------------------
                                                                                                Net change                                    Net change
                                                                 2017       2023       2030    (2017-2030)     2017       2023       2030    (2017-2030)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Point.......................................................       1.59       2.25       2.25        0.66        1.20       1.26       1.24        0.04
Area........................................................       2.18       2.10       2.05       -0.13        7.38       7.28       7.15       -0.23
Non-road....................................................       1.08       0.79       0.65       -0.43        1.36       1.06       1.00       -0.36

[[Page 29903]]

 
On-road.....................................................       5.94       3.15       1.85       -4.09        3.50       2.24       1.70       -1.80
                                                             -------------------------------------------------------------------------------------------
    Total...................................................      10.79       8.29       6.80       -3.99       13.44      11.84      11.09       -2.35
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In summary, EGLE's maintenance demonstration for the Berrien County 
area shows maintenance of the 2015 ozone NAAQS by providing emissions 
information to support the demonstration that future emissions of 
NOX and VOC will remain at or below 2017 emission levels 
when taking into account both future source growth and implementation 
of future controls. Table 11 shows NOX and VOC emissions in 
the Berrien County area are projected to decrease by 3.99 TPSD and 2.35 
TPSD, respectively, between 2017 and 2030.
3. Continued Air Quality Monitoring
    EGLE has committed to continue to operate the ozone monitor listed 
in Table 1 above. EGLE has committed to consult with EPA prior to 
making changes to the existing monitoring network should changes become 
necessary in the future. EGLE remains obligated to meet monitoring 
requirements and continue to quality assure monitoring data in 
accordance with 40 CFR part 58, and to enter all data into the AQS in 
accordance with Federal guidelines.
4. Verification of Continued Attainment
    The State of Michigan has confirmed that it has the legal authority 
to enforce and implement the requirements of the maintenance plan for 
the Berrien County area. This includes the authority to adopt, 
implement, and enforce any subsequent emission control measures 
determined to be necessary to correct future ozone attainment problems.
    Verification of continued attainment is accomplished through 
operation of the ambient ozone monitoring network and the periodic 
update of the area's emissions inventory. EGLE will continue to operate 
the current ozone monitor located in the Berrien County area. There are 
no plans to discontinue operation, relocate, or otherwise change the 
existing ozone monitoring network other than through revisions in the 
network approved by EPA.
    In addition, to track future levels of emissions, EGLE will 
continue to develop and submit to EPA updated emission inventories for 
all source categories at least once every 3 years, consistent with the 
requirements of 40 CFR part 51, subpart A, and in 40 CFR 51.122. The 
Consolidated Emissions Reporting Rule (CERR) was promulgated by EPA on 
June 10, 2002 (67 FR 39602). The CERR was replaced by the Annual 
Emissions Reporting Requirements (AERR) on December 17, 2008 (73 FR 
76539). The most recent triennial inventory for Michigan was compiled 
for 2014, and 2017 is in progress. Point source facilities covered by 
EGLE's emission statement rule, Michigan Administrative Code Chapter 
3745-24, will continue to submit VOC and NOX emissions on an 
annual basis.
5. What is the contingency plan for the Berrien County area?
    Section 175A of the CAA requires that the state must adopt a 
maintenance plan, as a SIP revision, that includes such contingency 
measures as EPA deems necessary to assure that the state will promptly 
correct a violation of the NAAQS that occurs after redesignation of the 
area to attainment of the NAAQS. The maintenance plan must identify: 
The contingency measures to be considered and, if needed for 
maintenance, adopted and implemented; a schedule and procedure for 
adoption and implementation; and, a time limit for action by the state. 
The state should also identify specific indicators to be used to 
determine when the contingency measures need to be considered, adopted, 
and implemented. The maintenance plan must include a commitment that 
the state will implement all measures with respect to the control of 
the pollutant that were contained in the SIP before redesignation of 
the area to attainment in accordance with section 175A(d) of the CAA.
    As required by section 175A of the CAA, EGLE has adopted a 
contingency plan for the Berrien County area to address possible future 
ozone air quality problems. The contingency plan adopted by EGLE has 
two levels of response, a warning level response and an action level 
response.
    In EGLE's plan, a warning level response will be triggered when an 
annual fourth high monitored value of 0.074 ppm or higher is monitored 
within the maintenance area. A warning level response will consist of 
EGLE conducting a study to determine whether the ozone value indicates 
a trend toward higher ozone values or whether emissions appear to be 
increasing. The study will evaluate whether the trend, if any, is 
likely to continue and, if so, the control measures necessary to 
reverse the trend. The study will consider ease and timing of 
implementation as well as economic and social impacts. Implementation 
of necessary controls in response to a warning level response trigger 
will take place within 12 months from the conclusion of the most recent 
ozone season.
    In EGLE's plan, an action level response is triggered when a two-
year average fourth high value of 0.071 ppm or greater is monitored 
within the maintenance area. A violation of the 2015 ozone NAAQS within 
the maintenance area also triggers an action level response. When an 
action level response is triggered, EGLE, in conjunction with the 
metropolitan planning organization or regional council of governments, 
will determine what additional control measures are needed to assure 
future attainment of the 2015 ozone NAAQS. Control measures selected 
will be adopted and implemented within 18 months from the close of the 
ozone season that prompted the action level. EGLE may also consider if 
significant new regulations not currently included as part of the 
maintenance provisions will be implemented in a timely manner and would 
thus constitute an adequate contingency measure response.
    EGLE included the following list of potential contingency measures 
in its maintenance plan:
    1. Adopt VOC RACT on existing sources covered by EPA Control 
Technique Guidelines issued after the 1990 CAA.
    2. Apply VOC RACT to smaller existing sources.

[[Page 29904]]

    3. One or more transportation control measures sufficient to 
achieve at least half a percent reduction in actual area wide VOC 
emissions. Transportation measures will be selected from the following, 
based upon the factors listed above after consultation with affected 
local governments:
    a. trip reduction programs, including, but not limited to, 
employer-based transportation management plans, area wide rideshare 
programs, work schedule changes, and telecommuting;
    b. traffic flow and transit improvements; and
    c. other new or innovative transportation measures not yet in 
widespread use that affected local governments deem appropriate.
    4. Alternative fuel and diesel retrofit programs for fleet vehicle 
operations.
    5. Require VOC or NOX controls on new minor sources 
(less than 100 tons).
    To qualify as a contingency measure, emissions reductions from that 
measure must not be factored into the emissions projections used in the 
maintenance plan.
    EPA has concluded that EGLE's maintenance plan adequately addresses 
the five basic components of a maintenance plan: Attainment inventory, 
maintenance demonstration, monitoring network, verification of 
continued attainment, and a contingency plan. In addition, as required 
by section 175A(b) of the CAA, EGLE has committed to submit to EPA an 
updated ozone maintenance plan eight years after redesignation of the 
Berrien County area to cover an additional ten years beyond the initial 
10-year maintenance period. Thus, EPA finds that the maintenance plan 
SIP revision submitted by EGLE for the Berrien County area meets the 
requirements of section 175A of the CAA and EPA proposes to approve it 
as a revision to the Michigan SIP.

V. Has the State adopted approvable Motor Vehicle Emission Budgets?

A. Motor Vehicle Emission Budgets

    Under section 176(c) of the CAA, new transportation plans, 
programs, or projects that receive Federal funding or support, such as 
the construction of new highways, must ``conform'' to (i.e., be 
consistent with) the SIP. Conformity to the SIP means that 
transportation activities will not cause new air quality violations, 
worsen existing air quality problems, or delay timely attainment of the 
NAAQS or interim air quality milestones. Regulations at 40 CFR part 93 
set forth EPA policy, criteria, and procedures for demonstrating and 
assuring conformity of transportation activities to a SIP. 
Transportation conformity is a requirement for nonattainment and 
maintenance areas. Maintenance areas are areas that were previously 
nonattainment for a particular NAAQS, but that have been redesignated 
to attainment with an approved maintenance plan for the NAAQS.
    Under the CAA, states are required to submit, at various times, 
control strategy SIPs for nonattainment areas and maintenance plans for 
areas seeking redesignations to attainment of the ozone standard and 
maintenance areas. See the SIP requirements for the 2015 ozone NAAQS in 
EPA's December 6, 2018 implementation rule (83 FR 62998). These control 
strategy SIPs (including reasonable further progress plans and 
attainment plans) and maintenance plans must include MVEBs for criteria 
pollutants, including ozone, and their precursor pollutants (VOC and 
NOX for ozone) to address pollution from on-road 
transportation sources. The MVEBs are the portion of the total 
allowable emissions that are allocated to highway and transit vehicle 
use that, together with emissions from other sources in the area, will 
provide for attainment or maintenance. See 40 CFR 93.101.
    Under 40 CFR part 93, a MVEB for an area seeking a redesignation to 
attainment must be established, at minimum, for the last year of the 
maintenance plan. A state may adopt MVEBs for other years as well. The 
MVEB serves as a ceiling on emissions from an area's planned 
transportation system. The MVEB concept is further explained in the 
preamble to the November 24, 1993, Transportation Conformity Rule (58 
FR 62188). The preamble also describes how to establish the MVEB in the 
SIP and how to revise the MVEB, if needed, subsequent to initially 
establishing a MVEB in the SIP.

B. What is the status of EPA's adequacy determination for the proposed 
VOC and NOX MVEBs for the Berrien County area?

    When reviewing submitted control strategy SIPs or maintenance plans 
containing MVEBs, EPA must affirmatively find that the MVEBs contained 
therein are adequate for use in determining transportation conformity. 
Once EPA affirmatively finds that the submitted MVEBs are adequate for 
transportation purposes, the MVEBs must be used by state and Federal 
agencies in determining whether proposed transportation projects 
conform to the SIP as required by section 176(c) of the CAA.
    EPA's substantive criteria for determining adequacy of a MVEB are 
set out in 40 CFR 93.118(e)(4). The process for determining adequacy 
consists of three basic steps: Public notification of a SIP submission; 
provision for a public comment period; and EPA's adequacy 
determination. This process for determining the adequacy of submitted 
MVEBs for transportation conformity purposes was initially outlined in 
EPA's May 14, 1999 guidance, ``Conformity Guidance on Implementation of 
March 2, 1999, Conformity Court Decision.'' EPA adopted regulations to 
codify the adequacy process in the Transportation Conformity Rule 
Amendments for the ``New 8-Hour Ozone and PM2.5 National 
Ambient Air Quality Standards and Miscellaneous Revisions for Existing 
Areas; Transportation Conformity Rule Amendments--Response to Court 
Decision and Additional Rule Change,'' on July 1, 2004 (69 FR 40004). 
Additional information on the adequacy process for transportation 
conformity purposes is available in the proposed rule titled, 
``Transportation Conformity Rule Amendments: Response to Court Decision 
and Additional Rule Changes,'' 68 FR 38974, 38984 (June 30, 2003).
    As discussed earlier, EGLE's maintenance plan includes 
NOX and VOC MVEBs for the Berrien County area for 2030 and 
2023, the last year of the maintenance period and an interim year, 
respectively. EPA has reviewed the VOC and NOX MVEBs and, in 
this action, is proposing to find them adequate for approval into the 
SIP. Michigan's January 30, 2020 maintenance plan SIP submission, 
including the VOC and NOX MVEBs for the Berrien County area, 
is open for public comment via this proposed rulemaking. The submitted 
maintenance plan, which included the MVEBs, was endorsed by the 
Governor's designee and was subject to a state public hearing. The 
MVEBS were developed as part of an interagency consultation process 
which includes Federal, state, and local agencies. The MVEBS were 
clearly identified and precisely quantified. These MVEBs, when 
considered together with all other emissions sources, are consistent 
with maintenance of the 2015 ozone NAAQS.

[[Page 29905]]



                                                       Table 12--MVEBs for the Berrien County Area
                                                                         [TPSD]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Attainment    2023 Estimated    2023 Mobile                   2030 Estimated    2030 Mobile
                                           year 2017 on-      on-road      safety margin    2023 MVEBs        on-road      safety margin    2030 MVEBs
                                          road emissions     emissions      allocation                       emissions      allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
VOC.....................................            3.50            2.24            1.17            3.41            1.70            1.87            3.44
NOX.....................................            5.94            3.15            1.78            4.93            1.85            2.89            4.74
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As shown in Table 12, the 2023 and 2030 MVEBs exceed the estimated 
2023 and 2030 on-road sector emissions. In an effort to accommodate 
future variations in travel demand models and vehicle miles traveled 
forecast, EGLE allocated a portion of the safety margin (described 
further below) to the mobile sector. EGLE has demonstrated that the 
Berrien County area can maintain the 2015 ozone NAAQS with mobile 
source emissions at or below 3.41 TPSD and 3.44 TPSD of VOC and 4.93 
TPSD and 4.74 TPSD of NOX in 2023 and 2030, respectively, 
since despite partial allocation of the safety margin, emissions will 
remain under attainment year emission levels. EPA finds adequate and is 
proposing to approve the MVEBs for use to determine transportation 
conformity in the Berrien County area, because EPA has determined that 
the area can maintain attainment of the 2015 ozone NAAQS for the 
relevant maintenance period with mobile source emissions at the levels 
of the MVEBs.

C. What is a safety margin?

    A ``safety margin'' is the difference between the attainment level 
of emissions (from all sources) and the projected level of emissions 
(from all sources) in the maintenance plan. As noted in Table 11, the 
emissions in the Berrien County area are projected to have safety 
margins of 2.89 TPSD for NOX and 1.87 TPSD for VOC in 2030 
(the difference between the attainment year, 2017, emissions and the 
projected 2030 emissions for all sources in the Berrien County area). 
Similarly, there is a safety margin of 1.78 TPSD for NOX and 
1.17 TPSD for VOC in 2023. Even if emissions exceeded projected levels 
by the full amount of the safety margin, the counties would still 
demonstrate maintenance since emission levels would equal those in the 
attainment year.
    As shown in Table 12 above, EGLE is allocating a portion of that 
safety margin to the mobile source sector. Specifically, in 2023, EGLE 
is allocating 1.17 TPSD and 1.78 TPSD of the VOC and NOX 
safety margins, respectively. In 2030, EGLE is allocating 1.87 TPSD and 
2.89 TPSD of the VOC and NOX safety margins, respectively. 
EGLE is not requesting allocation to the MVEBs of the entire available 
safety margins reflected in the demonstration of maintenance. In fact, 
the amount allocated to the MVEBs represents only a small portion of 
the 2023 and 2030 safety margins. Therefore, even though the State is 
requesting MVEBs that exceed the projected on-road mobile source 
emissions for 2023 and 2030 contained in the demonstration of 
maintenance, the permissible level of on-road mobile source emissions 
that can be considered for transportation conformity purposes is well 
within the safety margins of the ozone maintenance demonstration. 
Further, once allocated to mobile sources, these safety margins will 
not be available for use by other sources.

VI. Proposed Actions

    EPA is proposing to determine that the Berrien County nonattainment 
area is attaining the 2015 ozone NAAQS based on quality-assured and 
certified monitoring data for 2017-2019 and the area has met the 
requirements for redesignation under section 107(d)(3)(E) of the CAA. 
EPA is thus proposing to change the legal designation of the Berrien 
County area from nonattainment to attainment for the 2015 ozone NAAQS. 
EPA is also proposing to approve, as a revision to the Michigan SIP, 
the state's maintenance plan for the area. The maintenance plan is 
designed to keep the Berrien County area in attainment of the 2015 
ozone NAAQS through 2030. Finally, EPA finds adequate and is proposing 
to approve the newly-established 2023 and 2030 MVEBs for the Berrien 
County area.

VII. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and

[[Page 29906]]

     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, this rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because 
redesignation is an action that affects the status of a geographical 
area and does not impose any new regulatory requirements on tribes, 
impact any existing sources of air pollution on tribal lands, nor 
impair the maintenance of ozone national ambient air quality standards 
in tribal lands.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Volatile organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: May 7, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-10137 Filed 5-18-20; 8:45 am]
 BILLING CODE 6560-50-P


