Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Proposed Rules 80439 

F. Environmental

We have analyzed this rule under

Department of Homeland Security 

Management Directive 023–01, Rev.1, 

associated implementing, instructions, 

Environmental Planning Policy 

COMDTINST 5090.1 (series), which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has determined 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule promulgates the operating 

regulations or procedures for 

drawbridges. Normally such actions are 

categorically excluded for further 

review, under paragraph L49 of chapter 

3, Table 3–1 of the U.S. Coast Guard 

Environmental Planning Implementing 

Planning Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

V. Public Participation and Request for

Comments

We viewed public participation as 

essential to effective rulemaking and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2024–0412 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If your material 

cannot be submitted using https://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www/regulations.gov Frequently Asked 

Questions web page. Also, if you go to 

the online docket and sign up for email 

alerts, you will be notified when 

comments are posted, or a final rule is 

published of any posting or updates to 

the docket. 

We review all comments received, but 

we will only post comments that 

address the topic of the proposed rule. 

We may choose not to post off-topic, 

inappropriate, or duplicate comments 

that we receive. 

Personal Information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions in response to this 

document, see DHS’s eRulemaking 

System of Records notice (85 FR 14226, 

March 11, 2020). 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows:

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and DHS Delegation No. 00170.1, Revision 

No. 01.3. 

■ 2. Amend § 117.723 by revising 

paragraph (e) to read as follows:

§ 117.723 Hackensack River.

* * * * * 

(e) The draw of the AMTRAK Portal

Bridge, mile 5.0, at Little Snake Hill, 

New Jersey, shall only open to 55 feet 

horizontal clearance in the east channel 

and the west channel will be closed to 

all navigation. The draw need not open 

for the passage of vessel traffic from 5 

a.m. to 10 a.m. and from 3 p.m. to 8 p.m.

Additional bridge openings shall be

provided for tide restricted commercial

vessels between 7 a.m. and 8 a.m. and

between 5 p.m. and 6 p.m., if at least a

two-hour advance notice is given by

calling the number posted at the bridge.

At all other times the bridge shall open

on signal if at least a 2 hour advance

notice is given.

* * * * * 

M.E. Platt,

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2024–22822 Filed 10–2–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2022–0976; FRL–10788– 

04–R5] 

Air Plan Approval; Michigan; 

Attainment Plan for the Detroit 2010 

Sulfur Dioxide Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA) 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the State Implementation Plan (SIP) 

revision submitted by Michigan on 

December 20, 2022, and supplemented 

on February 21, 2023, December 14, 

2023, and April 2, 2024, which amends 

a SIP submission previously submitted 

to EPA on May 31, 2016, and June 30, 

2016, for attaining the 1-hour sulfur 

dioxide (SO2) primary national ambient 

air quality standard (NAAQS) for the 

Detroit SO2 nonattainment area. This 

action supplements a prior action which 

found that Michigan had satisfied 

emission inventory and new source 

review (NSR) requirements for this area, 

but had not met requirements under the 

Clean Air Act (CAA) for the elements 

proposed to be approved here. 

DATES: Comments must be received on 

or before November 4, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2022–0976 at https://

www.regulations.gov, or via email to 

arra.sarah@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from the 

docket. EPA may publish any comment 

received to its public docket. Do not 

submit to EPA’s docket at https://

www.regulations.gov any information 

you consider to be Confidential 

Business Information (CBI), Proprietary 

Business Information (PBI), 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, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
80440 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Proposed Rules 

information about CBI, PBI, or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www.epa.gov/dockets/commenting-epadockets. 

FOR FURTHER INFORMATION CONTACT: 

Abigail Teener, Air and Radiation 

Division (AR18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 353–7314, teener.abigail@

epa.gov. The EPA Region 5 office is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. 

SUPPLEMENTARY INFORMATION: This 

supplementary information section is 

arranged as follows: 

I. Why was Michigan required to submit an 

SO2 plan for the Detroit area? 

II. Requirements for SO2 Nonattainment Area 

Plans 

III. Review of Michigan’s Attainment Plan 

IV. Review of Other Plan Requirements 

A. RACM/RACT 

B. Reasonable Further Progress 

C. Contingency Measures 

V. What action is EPA taking? 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. Why was Michigan required to 

submit an SO2 plan for the Detroit area? 

On June 22, 2010, EPA published a 

new 1-hour primary SO2 NAAQS of 75 

parts per billion (ppb), which is met at 

an ambient air quality monitoring site 

when the 3-year average of the annual 

99th percentile of daily maximum 1- 

hour average concentrations does not 

exceed 75 ppb, as determined in 

accordance with appendix T of 40 CFR 

part 50. See 75 FR 35520, codified at 40 

CFR 50.17(a)–(b). On August 5, 2013, 

EPA designated 29 areas of the country 

as nonattainment for the 2010 SO2

NAAQS, including the Detroit area 

within the State of Michigan. See 78 FR 

47191, codified at 40 CFR part 81, 

subpart C. These area designations 

became effective on October 4, 2013. 

Section 191 of the CAA directs states to 

submit SIPs for areas designated as 

nonattainment for the 1-hour primary 

SO2 NAAQS to EPA within 18 months 

of the effective date of the designation, 

i.e., by no later than April 4, 2015, in 

this case. These SIPs were required to 

demonstrate that their respective areas 

would attain the NAAQS as 

expeditiously as practicable, but no later 

than five years from the effective date of 

designation, which was October 4, 2018. 

For a number of nonattainment areas, 

including the Detroit area, EPA 

published an action on March 18, 2016 

(effective April 18, 2016), finding that 

Michigan and other pertinent states had 

failed to submit the required SO2

nonattainment area plans by the 

submittal deadline (81 FR 14736). 

Michigan submitted an attainment plan 

for the Detroit SO2 nonattainment area 

on May 31, 2016, and submitted 

associated enforceable emission limits 

and control measures on June 30, 2016. 

These measures included Michigan 

Administrative Code (MAC) 336.1430 

(‘‘Rule 430’’), which imposed emission 

limits for U.S. Steel. Subsequently, U.S. 

Steel challenged the legality of Rule 430 

under state law in the Michigan Court 

of Claims, which invalidated Rule 430 

on October 4, 2017. United States Steel 

Corp. v. Dept. of Environmental Quality, 

No. 16–000202–MZ, 2017 WL 5974195 

(Mich. Ct. Cl. Oct. 4, 2017). Because the 

State’s submitted attainment 

demonstration relied on a limitation 

that had become unenforceable and, 

therefore, could not meet the 

requirements of CAA sections 110 and 

172, EPA could not fully approve 

Michigan’s 2016 plan. 

On March 19, 2021, EPA partially 

approved and partially disapproved 

Michigan’s SO2 plan as submitted in 

2016 (86 FR 14827) (effective April 19, 

2021). EPA approved the base-year 

emissions inventory and affirmed that 

the nonattainment NSR requirements for 

the area had previously been met on 

December 16, 2013 (78 FR 76064). EPA 

also approved the enforceable control 

measures for two facilities as SIP 

strengthening. At that time, EPA 

disapproved the attainment 

demonstration, as well as Michigan’s 

proposed requirements for meeting 

reasonable further progress (RFP) 

toward attainment of the NAAQS, 

Reasonably Available Control Measures 

(RACM)/Reasonably Available Control 

Technology (RACT), and contingency 

measures. Additionally, EPA 

disapproved the plan’s control measures 

for two facilities as not demonstrating 

attainment. EPA’s March 19, 2021, 

partial disapproval started a sanctions 

clock under CAA section 179. 

On January 28, 2022, EPA issued a 

finding of failure to attain (FFA) for the 

Detroit SO2 nonattainment area, 

determining that the area failed to attain 

the 1-hour primary SO2 NAAQS by the 

applicable attainment date of October 4, 

2018, and established a requirement that 

Michigan submit a revised SIP by 

January 30, 2023, that provides for 

expeditious attainment of the NAAQS 

within the time period specified in CAA 

sections 179(d)(3) and 172(a)(2). 87 FR 

4501, 4503, codified at 40 CFR 

52.1170(e). Michigan subsequently 

submitted SIP revisions on December 

20, 2022, February 21, 2023, December 

14, 2023, and April 2, 2024. EPA is 

proposing here that the State’s SIP 

submission meets the CAA 

requirements to provide for expeditious 

attainment of the NAAQS as required by 

EPA’s January 28, 2022, FFA. 

On October 12, 2022, EPA 

promulgated a Federal Implementation 

Plan (FIP) for the Detroit SO2

nonattainment area (87 FR 61514), 

which satisfied EPA’s duty to 

promulgate a FIP for the area under 

CAA section 110(c) that resulted from 

the March 18, 2016, finding of failure to 

submit. While EPA’s FIP for the Detroit 

area met the requirements for SO2

nonattainment area plans, the FIP did 

not relieve Michigan of the previously 

discussed CAA requirements to submit 

a plan that provides for attainment of 

the 1-hour primary SO2 NAAQS for the 

Detroit nonattainment area. On 

December 20, 2022, Michigan submitted 

a revised attainment plan for the Detroit 

SO2 nonattainment area mirroring EPA’s 

FIP in order to remedy Michigan’s 2016 

plan deficiencies specified in EPA’s 

March 19, 2021, rulemaking partially 

approving and partially disapproving 

Michigan’s SIP. 

Michigan’s revised plan, as submitted 

on December 20, 2022, depended, in 

part, upon permits that had not yet been 

issued but would include limits and 

associated requirements for the U.S. 

Steel, EES Coke, and Dearborn 

Industrial Generation (DIG) facilities 

that are no less stringent than those set 

forth in EPA’s FIP, codified at 40 CFR 

52.1189. On March 23, 2023, EPA 

proposed to conditionally approve 

Michigan’s plan, conditional upon the 

issuance of and submission for 

incorporation into the SIP the 

applicable permits for the U.S. Steel, 

EES Coke, and DIG facilities (88 FR 

17488). Also on March 23, 2023, EPA 

issued an interim final determination to 

stay and defer sanctions in the Detroit 

SO2 nonattainment area based on EPA’s 

proposed conditional approval (88 FR 

17376). However, the sanctions clock is 

permanently stopped only by meeting 

the conditions of EPA’s regulations at 40 

CFR 52.31(d), which EPA is proposing 

have been met here. 

On December 14, 2023, the State 

submitted three applicable permits for 

the U.S. Steel, EES Coke, and DIG 

facilities. On April 2, 2024, the State 

submitted the final applicable permit for 

the DIG facility, along with a request 

that EPA approve its revised plan. On 

April 29, 2024, EPA issued a 

completeness letter, included in the 

docket for this action, determining that 

Michigan’s submittal had satisfied the 

completeness criteria set forth at 40 CFR 

part 51, appendix V and met the 

requirement for a SIP submittal that 


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provides for expeditious attainment set 

forth in EPA’s January 28, 2022 FFA. 

The remainder of this action describes 

the requirements that SO2

nonattainment plans must meet in order 

to obtain EPA approval, provides a 

review of Michigan’s revised plan with 

respect to these requirements, and 

describes EPA’s proposed approval of 

the plan. 

II. Requirements for SO2

Nonattainment Area Plans 

Nonattainment SIPs must meet the 

applicable requirements of the CAA, 

and specifically CAA sections 110, 172, 

191 and 192. EPA’s regulations 

governing nonattainment SIPs are set 

forth at 40 CFR part 51, with specific 

procedural requirements and control 

strategy requirements residing at 

subparts F and G, respectively. Soon 

after Congress enacted the 1990 

Amendments to the CAA, EPA issued 

comprehensive guidance on SIPs, in a 

document entitled the ‘‘General 

Preamble for the Implementation of 

Title I of the CAA Amendments of 

1990,’’ published at 57 FR 13498 (April 

16, 1992) (General Preamble). Among 

other things, the General Preamble 

addressed SO2 SIPs and fundamental 

principles for SIP control strategies. Id., 

at 13545–49, 13567–68. On April 23, 

2014, EPA issued recommended 

guidance for meeting the statutory 

requirements in SO2 SIPs, in a 

document entitled, ‘‘Guidance for 1- 

Hour SO2 Nonattainment Area SIP 

Submissions,’’ available at https://

www.epa.gov/sites/production/files/ 

2016-06/documents/20140423guidance_

nonattainment_sip.pdf. In this guidance 

EPA described the statutory 

requirements for a complete 

nonattainment area SIP, which includes: 

an accurate emissions inventory of 

current emissions for all sources of SO2

within the nonattainment area; an 

attainment demonstration; 

demonstration of RFP; implementation 

of RACM (including RACT); 

nonattainment area NSR; enforceable 

emissions limitations and control 

measures as necessary to attain the 

NAAQS; and adequate contingency 

measures for the affected area. EPA 

already concluded in its March 19, 

2021, rulemaking that Michigan has met 

the emissions inventory and 

nonattainment area NSR requirements. 

In order for EPA to approve a SIP as 

meeting the requirements of CAA 

sections 110, 172 and 191–192 and 

EPA’s regulations at 40 CFR part 51, the 

SIP for the affected area needs to 

demonstrate to EPA’s satisfaction that 

each of the aforementioned 

requirements have been met. Under 

CAA sections 110(l) and 193, EPA may 

not approve a SIP that would interfere 

with or modify any applicable 

requirement in any area which is 

nonattainment for any air pollutant 

unless it ensures equivalent or greater 

emission reductions of such air 

pollutant. Such requirements include 

those concerning NAAQS attainment 

and RFP, or any other applicable 

requirement, or any requirement in 

effect (or required to be adopted by an 

order, settlement, agreement, or plan in 

effect before November 15, 1990). 

CAA section 172(c)(1) directs states 

with areas designated as nonattainment 

to demonstrate that the submitted plan 

provides for attainment of the NAAQS. 

40 CFR part 51, subpart G, further 

delineates the control strategy 

requirements that SIPs must meet, and 

EPA has long required that all SIPs and 

control strategies reflect four 

fundamental principles of 

quantification, enforceability, 

replicability, and accountability. See 

General Preamble at 13567–68. SO2

attainment plans must consist of two 

components: (1) emission limits and 

other control measures that ensure 

implementation of permanent, 

enforceable and necessary emission 

controls, and (2) a modeling analysis 

which meets the requirements of 40 CFR 

part 51, appendix W, which 

demonstrates that these emission limits 

and control measures provide for timely 

attainment of the 1-hour primary SO2

NAAQS as expeditiously as practicable, 

but by no later than the attainment date 

for the affected area. In all cases, the 

emission limits and control measures 

must be accompanied by appropriate 

methods and conditions to determine 

compliance with the respective 

emission limits and control measures 

and must be quantifiable (i.e., a specific 

amount of emission reduction can be 

ascribed to the measures), fully 

enforceable (specifying clear, 

unambiguous and measurable 

requirements for which compliance can 

be practicably determined), replicable 

(the procedures for determining 

compliance are sufficiently specific and 

non-subjective so that two independent 

entities applying the procedures would 

obtain the same result), and accountable 

(source specific limits must be 

permanent and must reflect the 

assumptions used in the SIP 

demonstrations). 

Preferred air quality models for use in 

regulatory applications are described in 

appendix A of EPA’s Guideline on Air 

Quality Models (40 CFR part 51, 

appendix W). In 2005, EPA promulgated 

the AERMOD model as the Agency’s 

preferred near-field dispersion modeling 

for a wide range of regulatory 

applications addressing stationary 

sources (for example in estimating SO2

concentrations) in all types of terrain 

based on extensive developmental and 

performance evaluation. Supplemental 

guidance on modeling for purposes of 

demonstrating attainment of the SO2

standard is provided in appendix A to 

the April 23, 2014, SO2 nonattainment 

area SIP guidance document referenced 

above. Appendix A provides extensive 

guidance on the modeling domain, the 

source inputs, assorted types of 

meteorological data, and background 

concentrations. Consistency with the 

recommendations in this guidance is 

generally necessary for the attainment 

demonstration to offer adequately 

reliable assurance that the plan provides 

for attainment. 

As stated previously, attainment 

demonstrations for the 2010 1-hour 

primary SO2 NAAQS must demonstrate 

future attainment and maintenance of 

the NAAQS in the entire area 

designated as nonattainment (i.e., not 

just at the violating monitor). This is 

demonstrated by using air quality 

dispersion modeling (see appendix W to 

40 CFR part 51) that shows that the mix 

of sources, enforceable control 

measures, and emission rates in an 

identified area will not lead to a 

violation of the SO2 NAAQS. For a 

short-term (i.e., 1-hour) standard, EPA 

believes that dispersion modeling, using 

allowable emissions and addressing 

stationary sources in the affected area 

(and in some cases those sources located 

outside the nonattainment area which 

may affect attainment in the area) is 

technically appropriate, efficient and 

effective in demonstrating attainment in 

nonattainment areas because it takes 

into consideration combinations of 

meteorological and emission source 

operating conditions that may 

contribute to peak ground-level 

concentrations of SO2.

The meteorological data used in the 

analysis should generally be processed 

with the most recent version of the 

AERMET data preprocessor. Estimated 

concentrations should include ambient 

background concentrations, should 

follow the form of the standard, and 

should be calculated as described in 

section 2.6.1.2 of the August 23, 2010, 

clarification memo on ‘‘Applicability of 

Appendix W Modeling Guidance for the 

1-hr SO2 National Ambient Air Quality 

Standard’’ (U.S. EPA, 2010). 

For a more in-depth discussion on the 

requirements of SO2 nonattainment 

plans, including the use of longer-term 

average limits, see EPA’s proposed FIP 

(87 FR 33095, June 1, 2022). 


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III. Review of Michigan’s Attainment 

Plan 

Michigan’s plan for the Detroit 

nonattainment area mirrors EPA’s final 

promulgated FIP for the area. Therefore, 

Michigan’s plan relies on the modeling 

analysis EPA used to support its FIP, 

which is attached as appendix B of 

Michigan’s December 20, 2022, 

submittal, to demonstrate attainment of 

the 2010 SO2 NAAQS in the Detroit 

area. A more in-depth discussion of the 

modeling analysis may be found in 

EPA’s proposed FIP (87 FR 33095) and 

the associated technical support 

document, which is included in the 

docket for this action as appendix B of 

Michigan’s December 20, 2022, 

submittal. 

An important aspect of an attainment 

plan is that the emission limits that 

provide for attainment be quantifiable, 

fully enforceable, replicable, and 

accountable. See General Preamble at 

13567–68. Michigan’s attainment plan 

includes the same limits for the U.S. 

Steel, EES Coke, Cleveland-Cliffs Steel 

Corporation, DIG, Carmeuse Lime, and 

DTE Trenton Channel facilities that are 

included in EPA’s FIP, and which are 

all shown below in Table 1. The plan 

also includes the same requirement that 

a 170-foot stack be constructed at U.S. 

Steel Boilerhouse 2 by November 14, 

2024, as set forth in EPA’s FIP. The FIP 

made all of these limits and 

requirements that had not already been 

incorporated into Michigan’s SIP 

federally enforceable via inclusion in 

the FIP regulatory language, codified at 

40 CFR 52.1189. As Michigan’s plan 

cannot simply rely on the limits and 

requirements set forth in the FIP 

regulatory language but must adopt 

them as state requirements in order for 

the revised SIP to be approved, the 

enforcement mechanisms of all the 

limits relied upon by Michigan’s plan 

are described in the remainder of this 

section. 

In preparing its 2016 plan, Michigan 

adopted Permit to Install 193–14A, 

governing the Carmeuse Lime SO2

emissions, and Permit to Install 125– 

11C, governing the DTE Trenton 

Channel SO2 emissions. These 

construction permit revisions were 

adopted by Michigan following 

established, appropriate public review 

procedures. The permit compliance 

dates were October 1, 2018, for 

Carmeuse Lime and January 1, 2017, for 

DTE Trenton Channel. Both of these 

permits were incorporated into 

Michigan’s SIP as part of EPA’s March 

19, 2021, action partially approving and 

partially disapproving Michigan’s SO2

plan (86 FR 14827). The Carmeuse Lime 

and DTE Trenton Channel permits were 

incorporated into Michigan’s SIP as part 

of EPA’s March 19, 2021, action. DTE 

Trenton Channel has since permanently 

shut down as of June 19, 2022, under 

court order, which is included in the 

docket for this action. The DTE Trenton 

Channel permitted limit was included 

in the FIP analysis as a precautionary 

measure, so it is therefore included in 

Michigan’s revised plan. However, any 

restart would require a revision to the 

source’s Title V permit, subject to EPA 

review and possible objection if a 

permit revision would not ensure 

compliance with all applicable CAA 

requirements. 

Emission limits and associated 

requirements for U.S. Steel, EES Coke, 

Cleveland-Cliffs Steel Corporation, and 

DIG, including the construction of a 

new 170-foot stack for U.S. Steel 

Boilerhouse 2 by November 14, 2024, 

are contained in permits specified in 

Table 1 below. These limits and 

associated monitoring requirements 

were also included in EPA’s FIP, 

codified at 40 CFR 52.1189. The permit 

revisions were adopted by Michigan 

following established, appropriate 

public review procedures. EPA finds 

that these permit revisions provide for 

permanent enforceability and is 

proposing to incorporate these permits 

into Michigan’s SIP in this action. 

TABLE 1—EMISSION LIMITS INCLUDED IN MICHIGAN’S DETROIT SO2 NONATTAINMENT AREA PLAN

Unit 

SO2 emission 

limit 

(lb/hr) 

Permit No. and date SIP status 

U.S. Steel—Zug Island 

Boilerhouse 1 (all stacks combined) .............

A1 Blast Furnace ..........................................

55.00 

0.00 

Permit to Install 110–23, effective September 26, 2023.EPA is proposing to incorporate these permits into 

Michigan’s SIP. 

B2 Blast Furnace .......................................... 40.18 

D4 Blast Furnace .......................................... 40.18 

A/B Blas Furnace Flares ............................... 60.19 

D Furnace Flare ............................................ 60.19 

Boilerhouse 2 ................................................ * 750.00/81.00 Permit to Install 108–23, effective November 14, 2024.

U.S. Steel—Ecorse 

Hot Strip Mill—Slab Reheat Furnace 1 ........

Hot Strip Mill—Slab Reheat Furnace 2 ........

0.31 

0.31 

Permit to Install 110–23, effective September 26, 2023.EPA is proposing to incorporate this permit into 

Michigan’s SIP. 

Hot Strip Mill—Slab Reheat Furnace 3 ........ 0.31 

Hot Strip Mill—Slab Reheat Furnace 4 ........ 0.31 

Hot Strip Mill—Slab Reheat Furnace 5 ........ 0.31 

No. 2 Baghouse ............................................ 3.30 

Main Plant Boiler No. 8 ................................. 0.07 

Main Plant Boiler No. 9 ................................. 0.07 

EES Coke 

Combustion Stack ......................................... 544.6 Permit to Install 51–08C, effective November 21, 2014.EPA is proposing to incorporate this permit into 

Michigan’s SIP. 


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TABLE 1—EMISSION LIMITS INCLUDED IN MICHIGAN’S DETROIT SO2 NONATTAINMENT AREA PLAN—Continued 

Unit 

SO2 emission 

limit 

(lb/hr) 

Permit No. and date SIP status 

DTE Trenton Channel** 

Trenton Channel Unit 9 ................................. 5,907 Permit to Install 125–11C, effective January 

1, 2017.

Incorporated into Michigan’s SIP as part of March 

19, 2021, action (86 FR 14827). However, the 

source has since shut down, and any restart 

would require a revision to the source’s Title V 

permit, subject to EPA review and possible objection if a permit revision would not ensure compliance with all applicable CAA requirements. 

Carmeuse Lime 

Carmeuse Lime Stack ................................... 470 Permit to Install 193–14A, effective October 

1, 2018.

Incorporated into Michigan’s SIP as part of March 

19, 2021, action (86 FR 14827). 

Cleveland-Cliffs Steel Corporation ** 

Furnace B Baghouse Stack ..........................

Furnace B Stove Stack .................................

71.9 

38.75 

Permit MI–ROP–A8640–2016a, modified 

January 19, 2017.

EPA is proposing to incorporate this permit into 

Michigan’s SIP. 

Furnace B Baghouse and Stove Stacks 

(combined).

77.8 

Furnace C Baghouse Stack .......................... 179.65 

Furnace C Stove Stack ................................. 193.6 

Furnace C Baghouse and Stove Stacks 

(combined).

271.4 

DIG ** 

Boilers 1, 2, and 3 (combined) ..................... 420 Permit 253–02A, effective September 25, 

2003.

EPA is proposing to incorporate the sections of this 

permit containing the 420 lb/hr limit and associated requirements (cover page, section 5.1d, and 

sections 5.2–5.10) into Michigan’s SIP. 

Boilers 1, 2, and 3 and Flares 1 and 2 (combined).840 Permit to Install 109–23, effective September 26, 2023.EPA is proposing to incorporate this permit into 

Michigan’s SIP. 

* U.S. Steel—Zug Island Boilerhouse 2 shall emit less than 750.00 lbs/hr unless Boilerhouse 1, A1 Blast Furnace, B2 Blast Furnace, D4 Blast Furnace, A/B Blast 

Furnace Flares, or D Furnace Flare is operating, in which case it shall emit less than 81.00 lbs/hr. In addition to the limit, this permit requires a new 170-foot stack to 

be constructed for Boilerhouse 2 by November 14, 2024. 

** The limit for Trenton Channel is expressed as a 30-day average limit, and the limits for Cleveland-Cliffs Steel Corporation and DIG are expressed as daily average limits. EPA’s FIP proposal addresses the use of these longer-term average limits, both with respect to the general suitability of using such limits for demonstrating 

attainment and with respect to whether the particular limits included in the plan have been suitably demonstrated to provide for attainment. 

Because Michigan’s plan relies on the 

same modeling analysis that supports 

EPA’s FIP and contains emission limits 

and associated requirements that are 

equally as stringent as EPA’s FIP, EPA 

is proposing that Michigan’s plan 

provides for attainment of the 1-hour 

primary SO2 NAAQS. 

IV. Review of Other Plan Requirements 

A. RACM/RACT 

CAA section 172(c)(1) states that 

nonattainment plans shall provide for 

the implementation of all RACM as 

expeditiously as practicable (including 

such reductions in emissions from 

existing sources in the area as may be 

obtained through the adoption, at a 

minimum, of RACT) and shall provide 

for attainment of the NAAQS by the 

applicable attainment date. For most 

criteria pollutants, RACT is control 

technology as needed to meet the 

NAAQS that is reasonably available 

considering technological and economic 

feasibility. However, the definition of 

RACT for SO2 is, simply, that control 

technology which is necessary to 

achieve the NAAQS (see 40 CFR 

51.100(o)). CAA section 172(c)(6) 

requires plans to include enforceable 

emissions limitations, and such other 

control measures as may be necessary or 

appropriate to provide for attainment of 

the NAAQS by the applicable 

attainment date. 

In its March 19, 2021, rulemaking, 

EPA disapproved Michigan’s 2016 

attainment plan because it relied on 

Rule 430, which was invalidated in state 

court and so was no longer an available 

enforcement mechanism. Therefore, the 

plan could not be considered to provide 

an appropriate attainment 

demonstration, and it did not 

demonstrate RACM/RACT or meet the 

requirement for necessary enforceable 

emissions limitations or control 

measures. 

EPA’s FIP for attaining the 1-hour 

primary SO2 NAAQS in the Detroit area 

was based on a variety of measures, 

including permits for Carmeuse Lime 

(effective date of October 1, 2018) and 

DTE Trenton Channel (effective date of 

January 1, 2017) that have been 

incorporated into Michigan’s SIP, as 

well as the FIP regulatory language, 

codified at 40 CFR 52.1189, regarding 

U.S. Steel, EES Coke, Cleveland-Cliffs 

Steel Corporation, and DIG emissions. 

The FIP requires compliance by 

November 14, 2024, for U.S. Steel 

Boilerhouse 2 and November 14, 2022, 

for all other units. The compliance 

schedule for U.S. Steel Boilerhouse 2 

includes time for the State of Michigan 

to issue the permit (completed on 

September 26, 2023), the owner or 

operator to send out requests for 

proposal and award a construction 

contract and procure materials, and for 

completion of construction. Since 

Michigan’s plan follows the same 

compliance schedule by requiring 

compliance on the same dates as the 

FIP, EPA proposes to determine that 

these measures suffice to provide for 

attainment and proposes to conclude 

that Michigan’s plan satisfies the 

requirement in sections 172(c)(1) and (6) 

to adopt and submit all RACM/RACT 

and enforceable emissions limitations or 

control measures as needed to attain the 

standards as expeditiously as 

practicable. 


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80444 Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Proposed Rules 

B. Reasonable Further Progress (RFP) 

Section 171(1) of the CAA defines 

RFP as such annual incremental 

reductions in emissions of the relevant 

air pollutant as are required by part D 

or may reasonably be required by EPA 

for the purpose of ensuring attainment 

of the applicable NAAQS by the 

applicable attainment date. This 

definition is most appropriate for 

pollutants that are emitted by numerous 

and diverse sources, where the 

relationship between any individual 

source and the overall air quality is not 

explicitly quantified, and where the 

emission reductions necessary to attain 

the NAAQS are inventory-wide. (See 

EPA’s April 2014 SO2 nonattainment 

planning guidance, page 40.) For SO2,

there is usually a single ‘‘step’’ between 

pre-control nonattainment and postcontrol attainment. Therefore, for SO2,

with its discernible relationship 

between emissions and air quality, and 

significant and immediate air quality 

improvements, RFP is best construed as 

adherence to an ambitious compliance 

schedule. See General Preamble at 74 

FR 13547 (April 16, 1992). 

In its March 19, 2021, rulemaking, 

EPA concluded that Michigan had not 

satisfied the requirement in section 

172(c)(2) to provide for RFP toward 

attainment. Michigan’s 2016 attainment 

plan did not demonstrate that the 

implementation of the control measures 

required under the plan were sufficient 

to provide for attainment of the NAAQS 

in the Detroit SO2 nonattainment area, 

as some control measures were not 

enforceable due to the invalidation of 

Rule 430. Therefore, a compliance 

schedule to implement those controls 

was not sufficient to provide for RFP. 

EPA’s FIP requires compliance by 

November 14, 2024, for U.S. Steel 

Boilerhouse 2 and November 14, 2022, 

for all other units. As described in 

section IV.A above, the 2-year 

compliance schedule for U.S. Steel 

Boilerhouse 2 includes time for the 

State of Michigan to issue the permit 

(completed on September 26, 2023), the 

owner or operator to send out requests 

for proposal and award a construction 

contract and procure materials, and for 

completion of construction. For DTE 

Trenton Channel and Carmeuse lime, 

compliance was required by January 1, 

2017, and October 1, 2018, respectively. 

EPA concluded in the FIP that this is an 

ambitious compliance schedule, as that 

term is used in the April 2014 guidance 

for SO2 nonattainment plans. As 

Michigan’s plan follows the same 

compliance schedule as the FIP, EPA 

concludes that this plan therefore 

provides for RFP in accordance with the 

approach to RFP described in EPA’s 

2014 guidance. 

C. Contingency Measures 

EPA guidance describes special 

features of SO2 planning that influence 

the suitability of alternative means of 

addressing the requirement in section 

172(c)(9) for contingency measures for 

SO2, such that in particular an 

appropriate means of satisfying this 

requirement is for the air agency to have 

a comprehensive enforcement program 

that identifies sources of violations of 

the SO2 NAAQS and to undertake an 

aggressive follow-up for compliance and 

enforcement. See EPA’s April 2014 SO2

nonattainment planning guidance, page 

41. 

Michigan has such an enforcement 

program, pursuant to section 5526 of 

part 55, Air Pollution Control, of the 

Natural Resources and Environmental 

Protection Act, 1994 PA 451, as 

amended, Michigan Compiled Laws 

324.5526. Michigan enforcement and 

compliance authority is furthered by the 

State’s title V program, which includes 

a compliance monitoring program, 

periodic inspections, review of 

company monitoring records, reporting, 

and issuance of violation notices for all 

violations shown from inspections or 

data. In addition, Michigan stated in its 

December 2022 submittal that it 

responds promptly to citizen 

complaints, reports all high priority 

violations to EPA, and puts all 

inspection reports and violation notices 

on Michigan’s website. Therefore, EPA 

proposes that Michigan’s plan satisfies 

the contingency measure requirement in 

accordance with the approach to 

contingency measures described in 

EPA’s 2014 guidance. 

V. What action is EPA taking? 

EPA is proposing to approve 

Michigan’s revised SIP submission, 

which the State submitted to EPA on 

December 20, 2022, and supplemented 

on February 21, 2023, December 14, 

2023, and April 2, 2024, for attaining 

the 2010 1-hour SO2 NAAQS for the 

Detroit area and for meeting other 

nonattainment area planning 

requirements of CAA sections 110, 172, 

179 and 192. This SO2 attainment plan 

includes Michigan’s attainment 

demonstration for the Detroit area. The 

plan also addresses requirements for 

RFP, RACT/RACM, enforceable 

emission limitations and control 

measures, and contingency measures. 

EPA previously concluded that 

Michigan has addressed the 

requirements for emissions inventories 

for the Detroit area and nonattainment 

area NSR. EPA has determined that 

Michigan’s Detroit SO2 attainment plan 

meets applicable requirements of 

sections 110, 172, 179, and 192 of the 

CAA. 

Michigan’s Detroit SO2 attainment 

plan is based on the Carmeuse Lime 

emission limits specified in Permit to 

Install 193–14A, the DTE Trenton 

Channel emission limits specified in 

Permit to Install 125–11C, the U.S. Steel 

limits specified in Permit to Install 110– 

23 and Permit to Install 108–23, the EES 

Coke emission limits specified in Permit 

to Install 51–08C, the Cleveland-Cliffs 

Steel Corporation emission limits 

specified in Permit MI–ROP–A8640– 

2016a, and the DIG emission limits 

specified in Permit 253–02A and Permit 

to Install 109–23. The Carmeuse Lime 

and DTE Trenton Channel permits have 

already been incorporated into 

Michigan’s SIP, so EPA is not proposing 

to re-incorporate them into 40 CFR part 

52 here. 

EPA is proposing to incorporate 

Permit to Install 110–23 and Permit to 

Install 108–23, governing U.S. Steel SO2

emissions; Permit to Install 51–08C, 

governing EES Coke SO2 emissions; 

Permit MI–ROP–A8640–2016a, 

governing Cleveland-Cliffs Steel 

Corporation SO2 emissions; and Permit 

to Install 109–23 and the cover sheet, 

section 5.1d (SO2 emission limit), and 

sections 5.2–5.10 (Special Conditions) 

of Permit 253–02A, governing DIG SO2

emissions into Michigan’s SIP in this 

action. 

EPA is taking public comments for 

thirty days following the publication of 

this proposed action in the Federal 

Register. EPA will take all comments 

into consideration in the final action. 

VI. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Michigan Permit to Install 110–23, 

effective September 26, 2023; Permit to 

Install 108–23, effective November 14, 

2024; Permit to Install 51–08C, effective 

November 21, 2014; Permit MI–ROP– 

A8640–2016a, modified January 19, 

2017; Permit to Install 109–23, effective 

September 26, 2023; and the cover 

sheet, section 5.1d (SO2 emission limit), 

and sections 5.2–5.10 (Special 

Conditions) of Permit 253–02A, 

discussed in section III of this preamble. 

EPA has made, and will continue to 

make, these documents generally 

available through www.regulations.gov 

and at the EPA Region 5 Office (please 

contact the person identified in the FOR


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Federal Register / Vol. 89, No. 192 / Thursday, October 3, 2024 / Proposed Rules 80445 

FURTHER INFORMATION CONTACT section of 

this preamble for more information). 

VII. Statutory and Executive Order 

Reviews 

Under the CAA, 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 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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. 

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, the rule does not have 

Tribal implications and will not impose 

substantial direct costs on Tribal 

governments or preempt Tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on communities with 

environmental justice (EJ) concerns to 

the greatest extent practicable and 

permitted by law. EPA defines EJ as 

‘‘the fair treatment and meaningful 

involvement of all people regardless of 

race, color, national origin, or income 

with respect to the development, 

implementation, and enforcement of 

environmental laws, regulations, and 

policies.’’ EPA further defines the term 

fair treatment to mean that ‘‘no group of 

people should bear a disproportionate 

burden of environmental harms and 

risks, including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

Michigan did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 

quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving EJ for communities with EJ 

concerns. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: September 18, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

[FR Doc. 2024–21896 Filed 10–2–24; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2024–0105; EPA–R05– 

OAR–2024–0320; FRL–12240–01–R5] 

Air Plan Approval; Illinois; NAAQS 

Update 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the Illinois 

Environmental Protection Agency (IEPA 

or Illinois). The revisions, submitted on 

February 26, 2024, and July 8, 2024, 

update the Illinois air pollution control 

rules entitled ‘‘Part 243—Ambient Air 

Quality Standards’’ in response to EPA 

rulemakings and changes to the 

National Ambient Air Quality Standards 

(NAAQS) that EPA adopted in 2022 and 

2023. 

DATES: Comments must be received on 

or before November 4, 2024. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2024–0105 or EPA–R05–OAR– 

2024–0320 at https://

www.regulations.gov, or via email to 

arra.sarah@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from the 

docket. EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI), Proprietary 

Business Information (PBI), 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, PBI, or 

multimedia submissions, and general 

guidance on making effective 

comments, please visit https://

www.epa.gov/dockets/commenting-epadockets. 

FOR FURTHER INFORMATION CONTACT: 

Mayesha Choudhury, Air and Radiation 

Division (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–5909, 

choudhury.mayesha@epa.gov. The EPA 

Region 5 office is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding Federal holidays. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the state’s 

SIP submittals as a direct final rule 


ddrumheller on DSK120RN23PROD with PROPOSALS1