Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Proposed Rules 13357

1While the start-up, shutdown and malfunction

regulations were submitted along with the State’s

New Source Review SIP, they are contained in ‘‘Part

9: Emission Limitations and Prohibitions—

Miscellaneous’’ of Michigan’s air pollution control

rules; as such, they apply to all sources, not only

those which are required to have a permit.

40 CFR Part 52

[WA59–7134b; FRL–5708–4]

Approval and Promulgation of State

Implementation Plans: Washington

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State Implementation Plan (SIP)

revision submitted by the State of

Washington for the purpose of revising

Regulations II and III of the Puget Sound

Air Pollution Control Agency (PSAPCA)

Regulations. The SIP revision was

submitted by the State to satisfy certain

Federal Clean Air Act requirements. In

the Final Rules Section of this Federal

Register, the EPA is approving the

State’s SIP revision as a direct final rule

without prior proposal because the

Agency views this as a noncontroversial

revision amendment and anticipates no

adverse comments. A detailed rationale

for the approval is set forth in the direct

final rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this rule. If the EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this action.

DATES: Comments on this proposed rule

must be received in writing by April 21,

1997.

ADDRESSES: Written comments should

be addressed to Montel Livingston,

Environmental Protection Specialist

(OAQ–107), Office of Air Quality, at the

EPA Regional Office listed below.

Copies of the documents relevant to this

proposed rule are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Environmental Protection Agency,

Region 10, Office of Air Quality, 1200

6th Avenue, Seattle, WA 98101.

The State of Washington, Department of

Ecology, 300 Desmond Drive, Lacey,

Washington 98504.

FOR FURTHER INFORMATION CONTACT:

Montel Livingston, Office of Air Quality

(OAQ–107), EPA, (206) 553–6985.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action which is located in the Rules

Section of this Federal Register.

Dated: February 24, 1997.

Chuck Clarke,

Regional Administrator.

[FR Doc. 97–7099 Filed 3–19–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[MI58–01–7266; FRL–5711–2]

Approval and Promulgation of State

Implementation Plan; Michigan

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule.

SUMMARY: On May 16, 1996, the

Michigan Department of Environmental

Quality (MDEQ) submitted a revision to

the State’s New Source Review State

Implementation Plan. As part of this

submittal, the State included start-up,

shutdown and malfunction rules: R

336.1912 Abnormal conditions, start-up,

shutdown, and malfunction of a source,

process, or process equipment,

operating, notification, and reporting

requirements; R 336.1913 Malfunction

protection, applicability, prohibitions,

conditions, and standards; and R

336.1914 Start-up and shutdown

protection; applicability, prohibitions,

conditions and standards. The

Environmental Protection Agency (EPA)

is proposing to disapprove these startup, shutdown and malfunction

regulations because they are not

consistent with the Clean Air Act and

applicable EPA policy.

DATES: Comments on this proposed rule

must be received on or before April 21,

1997.

ADDRESSES: Written comments should

be sent to: Carlton T. Nash, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

Copies of the proposed SIP revision

and EPA’s analysis are available for

inspection at the U.S. Environmental

Protection Agency, Region 5, Air and

Radiation Division, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

(Please telephone Kathleen D’Agostino

at (312) 886–1767 before visiting the

Region 5 Office.)

FOR FURTHER INFORMATION CONTACT:

Kathleen D’Agostino, Environmental

Engineer, Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

Region 5, Chicago, Illinois 60604, (312)

886–1767.

SUPPLEMENTARY INFORMATION:

I. State Submittal

On May 16, 1996, the Michigan

Department of Environmental Quality

(MDEQ) submitted a revision to the

State’s New Source Review State

Implementation Plan. As part of this

submittal, the State included start-up,

shutdown and malfunction rules: R

336.1912 Abnormal conditions, start-up,

shutdown, and malfunction of a source,

process, or process equipment,

operating, notification, and reporting

requirements; R 336.1913 Malfunction

protection, applicability, prohibitions,

conditions, and standards; and R

336.1914 Start up and shutdown

protection; applicability, prohibitions,

conditions and standards.1

Rule 912 requires that a source’s

owner or operator operate that source in

a manner consistent with good air

pollution control practices for

minimizing emissions during periods of

abnormal conditions, start-up,

shutdown, and malfunctions (SSM). The

rule also contains notice and reporting

requirements in the event of start-up,

shutdown or malfunction. Rules 913

and 914 require that the notice and

reporting requirements in Rule 912 be

met in order for a source to be eligible

for the affirmative defense provided in

Rules 913 and 914.

Rule 913(2) states ‘‘The emission of an

air contaminant in excess of an emission

standard * * * or an emission

limitation * * * or a violation of a

continuous emission or parametric

monitoring or automated recordkeeping

requirement is prohibited, unless

caused by the circumstances of a

malfunction of a source, process, or

process equipment, and the owner or

operator complies with all of the

applicable requirements of this rule.’’

Rule 914(2) states ‘‘The emission of an

air contaminant in excess of an emission

standard * * * or an emission

limitation * * * or a violation of a

continuous emission or parametric

monitoring or automated recordkeeping

requirement is prohibited, unless

caused by the circumstances of a startup or shutdown of a source, process, or

process equipment, and the owner or

operator complies with all of the

applicable requirements of this rule.’’

Both Rules 913 and 914 then provide

that if the State determines that the

owner or operator violated an emission