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###### Environmental Protection Agency

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

# 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 (NOX) from large stationary sources (                        *i.e.*                         power plants, industrial boilers and cement kilns). This plan meets all of the requirements contained in an EPA rule that was published in the                         **Federal Register**                         on April 16, 2004. This rule, otherwise known as the NOX                         SIP Call Phase I provides for NOX                         reductions from                               ( print 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:                         *http://www.regulations.gov.*                         Follow the on-line instructions for submitting comments.                    

*Agency Web site: http://docket.epa.gov/​rmepub/​index.jsp.*                         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 comments.                    

*E-mail: bortzer.jay@epa.gov.*

*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.                         *aburano.douglas@epa.gov.*

# SUPPLEMENTARY INFORMATION:

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

### B. What Should I Consider as I Prepare My Comments for EPA?

                    1.                     *Submitting CBI.*                     Do not submit Confidential Business Information (CBI) to EPA through Regional Material in EDocket (RME), regulations.gov or 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 reproduced. 

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

                    g. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.                           ( print page 76888)    

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

## II. What Action Is EPA Taking Today?

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

                    We are proposing to approve Michigan's revision of the ozone SIP that responds to EPA's Phase I NOX                     SIP Call. This revision consists of Michigan Air Pollution Control Rules 803, 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 NOX                     SIP submittal.                

## III. Where Can I Find More Information About This Proposal and the Corresponding Direct Final Rule?

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

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