[Federal Register Volume 60, Number 152 (Tuesday, August 8, 1995)]
[Rules and Regulations]
[Pages 40297-40301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19507]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81

[MI39-01-6921a; FRL-5272-9]


Designation of Areas for Air Quality Planning Purposes; 
Correction of Designation of Nonclassified Ozone Nonattainment Areas; 
State of Michigan

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: This action announces the USEPA decision to correct erroneous 
ozone designations made in 1980 for the Allegan County (Allegan 
County), Barry County (Barry County), Battle Creek (Calhoun County), 
Benton Harbor (Berrien County), Branch County (Branch County), Cass 
County (Cass County), Gratiot County (Gratiot County), Hillsdale County 
(Hillsdale County), Huron County (Huron County), Ionia County (Ionia 
County), Jackson (Jackson County), Kalamazoo (Kalamazoo County), Lapeer 
County (Lapeer County), Lenawee County (Lenawee County), Montcalm 
(Montcalm County), Sanilac County (Sanilac County), Shiawassee County 
(Shiawassee County), St. Joseph County (St. Joseph County), Tuscola 
County (Tuscola County), and Van Buren County (Van Buren County) 
nonattainment nonclassified/incomplete data areas and the Lansing-East 
Lansing (Clinton County, Eaton County, and Ingham County) nonattainment 
nonclassified/transitional area. Pursuant to section 110(k)(6) of the 
Act, which allows the USEPA to correct its actions, the USEPA is 
publishing the designation correction of these areas to attainment/
unclassifiable for ozone. The 

[[Page 40298]]
rationale for this approval is set forth in this final rule; additional 
information is available at the address indicated below. In the 
proposed rules section of this Federal Register, USEPA is proposing 
approval of and soliciting public comment on this action. If adverse 
comments are received on this direct final rule, USEPA will withdraw 
this direct final rule and address the comments received in a 
subsequent final rule on the related proposed rule which is being 
published in the proposed rules section of this Federal Register. No 
additional opportunity for public comment will be provided. Unless this 
direct final rule is withdrawn no further rulemaking will occur on this 
action.

DATES: This action will be effective October 10, 1995 unless notice is 
received by September 7, 1995 that someone wishes to submit adverse 
comments. If the effective date is delayed, timely notice will be 
published in the Federal Register.

ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief, 
Regulation Development Section, Air Toxics and Radiation Branch (AT-
18J), United States Environmental Protection Agency, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604.
    Copies of the USEPA's analysis are available for inspection at the 
following address: United States Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois, 60604. Telephone Jacqueline Nwia at (312) 886-6081 
before visiting the Region 5 Office.

FOR FURTHER INFORMATION CONTACT: Jacqueline Nwia, Air Toxics and 
Radiation Branch, Regulation Development Section (AT-18J), United 
States Environmental Protection Agency, Region 5, Chicago, Illinois, 
60604, (312) 886-6081.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to the 1977 amendments to the Clean Air Act (Act), the 
States identified and the USEPA designated nonattainment areas with 
respect to the 0.08 parts per million (ppm) photochemical oxidant 
National Ambient Air Quality Standard (NAAQS). For such areas, States 
submitted State Implementation Plans (SIP) to control emissions and 
achieve attainment of the NAAQS. On December 30, 1977, Michigan 
submitted an analysis which included, pursuant to section 107(d) of the 
1977 Act, designations of areas for photochemical oxidants as 
nonattainment, attainment, or unclassifiable. The State concluded that 
the 37 county area in southern Michigan, which was designated by the 
State to be the target area for the photochemical oxidants SIP revision 
and implementation of the Federal Emission Offset Policy (December 21, 
1976), should be designated as nonattainment for photochemical 
oxidants. The nonattainment designations were based on sparse 
monitoring data from 1974, 1975, and 1976 (monitoring in the Bay, Kent, 
Genesee, Oakland, Port Huron and Wayne Counties) showing violations of 
the 0.08 ppm photochemical oxidant NAAQS in those counties, the States' 
knowledge of volatile organic compound emission sources in the areas 
and comparison of the areas with other similar monitored areas. These 
areas were originally designated as nonattainment for photochemical 
oxidants on March 3, 1978 (43 FR 8962).
    On February 8, 1979 (44 FR 8202), the USEPA revised the NAAQS from 
0.08 ppm to 0.12 ppm and the regulated pollutant from photochemical 
oxidants to ozone. On November 8, 1979, Michigan submitted a revised 
analysis which considered the change in the NAAQS and its affect on 
designations. The State concluded that changes to the status of the 
designated nonattainment areas were not warranted and noted that this 
position would be re-evaluated as more data on rural ozone levels 
became available. Monitoring data recorded in Bay, Genesee, Kent, 
Macomb, Muskegon, Oakland, St. Clair and Wayne Counties for 1975-1978 
showed violations of the 0.12 ppm NAAQS. The State retained the 
nonattainment designation for these areas based on the available 
monitoring data and the remainder of the southern Michigan counties on 
the basis of their proximity to urban nonattainment areas. The revised 
analysis and conclusion to retain the prior designations were approved 
by the USEPA on June 2, 1980 (45 FR 37188).
    Under the 1990 amendments to the Act, these areas retained their 
designation of nonattainment by operation of law pursuant to section 
107(d) upon the date of enactment of the Act. Nonattainment areas were 
further classified based on their monitored design value, pursuant to 
section 181(a), as marginal, moderate, serious or severe. The 
nonattainment areas in Michigan were classified as follows: the 
Detroit-Ann Arbor area, Muskegon area and Grand Rapids area were 
classified as moderate; the Flint area and Lansing-East Lansing area 
were classified as nonclassifiable/transitional pursuant to section 
185B of the Act, since they had 3 complete years of air quality data 
demonstrating attainment of the ozone NAAQS for the period 1987-1989; 
and, the remainder of the nonattainment areas were classified as 
nonclassifiable/incomplete data, since ozone monitoring data for these 
areas was either not available or incomplete. See 56 FR 56694 (November 
6, 1991).

II. Summary of This Action

    Section 110(k)(6) of the Act provides the USEPA with the authority 
to correct designation determinations that it determines were in error. 
It states:

    Whenever the Administrator determines that the Administrator's 
action approving, disapproving, or promulgating any plan or plan 
revision (or part thereof), area designation, redesignation, 
classification, or reclassification was in error, the Administrator 
may in the same manner as the approval, disapproval, or promulgation 
revise such action as appropriate without requiring any further 
submission from the State. Such determination and the basis thereof 
shall be provided to the State and public.

    Twenty-three counties were designated nonclassifiable/transitional 
or nonclassifiable/incomplete data. They are: Allegan County (Allegan 
County), Barry County (Barry County), Battle Creek (Calhoun County), 
Benton Harbor (Berrien County), Branch County (Branch County), Cass 
County (Cass County), Gratiot County (Gratiot County), Hillsdale County 
(Hillsdale County), Huron County (Huron County), Ionia County (Ionia 
County), Jackson (Jackson County), Kalamazoo (Kalamazoo County), Lapeer 
County (Lapeer County), Lenawee County (Lenawee County), Montcalm 
(Montcalm County), Saginaw-Bay City-Midland (Bay County, Midland 
County, and Saginaw County), Sanilac County (Sanilac County), 
Shiawassee County (Shiawassee County), St. Joseph County (St. Joseph 
County), Tuscola County (Tuscola County), and Van Buren County (Van 
Buren County) as nonattainment nonclassified/incomplete data areas and 
Flint (Genesee County), and Lansing-East Lansing (Clinton County, Eaton 
County, and Ingham County) as nonattainment nonclassified/transitional 
areas.
    The USEPA's June 2, 1980 action approving the retention of the 
nonattainment designations for 21 of the 23 nonclassifiable areas was 
in error. That action was based on the State's November 9, 1979 
submittal. The USEPA believes that the information submitted by 
Michigan was inappropriately used to designate 21 of the 23 
nonclassifiable areas nonattainment for ozone due to the lack 

[[Page 40299]]
of in-county ozone monitoring data showing violations of the 0.12 ppm 
NAAQS. Accordingly, in this action, the USEPA is correcting this error 
by correcting the designations for these areas to attainment/
unclassifiable.
    In order to demonstrate a violation of the ozone NAAQS, the average 
annual number of expected exceedances of the NAAQS must be greater than 
1.0 per calendar year, pursuant to 40 CFR Sec. 50.9. The USEPA reviewed 
the basis of the original ozone designation for these areas. Ambient 
air quality monitoring data for ozone was retrieved from the Aerometric 
Information Retrieval System (AIRS) as well as the docket containing 
Michigan's 1977 SIP. The USEPA found that of the 23 nonattainment 
nonclassifiable areas in Michigan, only Ingham, Bay and Genesee 
Counties had established ambient photochemical oxidant monitors in the 
mid-1970's. Of these three counties, only Ingham did not record levels 
of photochemical oxidants above 0.12 ppm to constitute a violation of 
the NAAQS. The AIRS ozone data report for Michigan is located in the 
docket for this rulemaking. Therefore, 21 of the nonclassified areas 
did not violate the 0.12 ppm NAAQS during the years pertinent to the 
June 2, 1980 final rulemaking. In fact, none of these areas had in-
county ozone monitors during these timeframes except for those 
discussed above.
    Furthermore, available in-county monitoring data for some of these 
areas since 1978 demonstrates that violations of the 0.12 ppm NAAQS 
have not been recorded in these areas with the exceptions of Allegan 
and possibly Lenawee counties. Allegan County recorded a violation of 
the ozone NAAQS in 1990-1991 at a monitor established as a special 
purpose monitor for the Lake Michigan Ozone Study. Monitoring data 
collected during 1992-1994 in Allegan County demonstrated attainment of 
the ozone NAAQS. More recently, preliminary data for 1995 (which has 
not yet been quality assured) indicates that violations of the ozone 
NAAQS in Allegan and Lenawee counties have probably occurred in the 
period 1993-1995. The USEPA believes, however, that this data does not 
alter the conclusion regarding the erroneous retention of the 
nonattainment designation for these counties in 1980. If these two 
areas had been correctly designated as attainment/unclassifiable at 
that time they would be treated, today, as would any other attainment 
area that violates the ozone NAAQS. The USEPA is including these two 
areas in this designation correction and will decide what appropriate 
actions, if necessary, should be taken once this preliminary data is 
quality assured. The USEPA may utilize its authority under section 110 
of the Act to require the State to correct the inadequacy of the SIP, 
or designate such areas to nonattainment pursuant to section 107 to 
address violations of the ozone NAAQS in areas designated as 
attainment.

III. Rulemaking Action

    In this action, the USEPA is promulgating a correction to the 
designation status of the Allegan County (Allegan County), Barry County 
(Barry County), Battle Creek (Calhoun County), Benton Harbor (Berrien 
County), Branch County (Branch County), Cass County (Cass County), 
Gratiot County (Gratiot County), Hillsdale County (Hillsdale County), 
Huron County (Huron County), Ionia County (Ionia County), Jackson 
(Jackson County), Kalamazoo (Kalamazoo County), Lapeer County (Lapeer 
County), Lenawee County (Lenawee County), Montcalm (Montcalm County), 
Sanilac County (Sanilac County), Shiawassee County (Shiawassee County), 
St. Joseph County (St. Joseph County), Tuscola County (Tuscola County), 
and Van Buren County (Van Buren County) nonattainment nonclassified/
incomplete data and the Lansing-East Lansing (Clinton County, Eaton 
County, and Ingham County) nonattainment nonclassified/transitional 
area to attainment/unclassifiable pursuant to section 110(k)(6). The 
public should be advised that this action will be effective 60 days 
from the date of this final rule. However, if notice is received within 
30 days that someone submits adverse or critical comments, this action 
will be withdrawn, and a subsequent final notice will be published that 
addresses the comments received.
    The USEPA is publishing a separate document in today's issue of the 
Federal Register publication, which constitutes a ``proposed approval'' 
of the requested SIP revisions and clarifies that the rulemaking will 
not be deemed final if timely adverse or critical comments are filed. 
The ``direct final'' approval shall be effective on October 10, 1995, 
unless the USEPA receives adverse or critical comments by September 7, 
1995.
    If the USEPA receives comments adverse to or critical of the 
approval discussed above, the USEPA will withdraw this approval before 
its effective date by publishing a subsequent Federal Register document 
which withdraws this final action. All public comments received will 
then be addressed in a subsequent rulemaking notice. Any parties 
interested in commenting on this action should do so at this time. If 
no such comments are received, the USEPA hereby advises the public that 
this action will be effective on October 10, 1995.
    Under section 307(b)(1) of the Act, 42 U.S.C. 7607(b)(1), petitions 
for judicial review of this action must be filed in the United States 
Court of Appeals for the appropriate circuit by October 10, 1995. 
Filing a petition for reconsideration by the Administrator of this 
final rule neither affects the finality of this rule for the purposes 
of judicial review nor extends the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. See section 307(b)(2) of the 
Act, 42 U.S.C. 7607(b)(2).
    Under Executive Order (EO) 12291, the USEPA is required to judge 
whether an action is ``major'' and therefore subject to the 
requirements of a regulatory impact analysis. The Agency has determined 
that the correction would result in none of the significant adverse 
economic effects set forth in section 1(b) of the EO as grounds for a 
finding that an action is ``major.'' The Agency has, therefore, 
concluded that this action is not a ``major'' action under EO 12291.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 
USEPA must prepare a regulatory flexibility analysis assessing the 
impact of any proposed or final rule on small entities. 5 U.S.C. 603 
and 604. Alternatively, the USEPA may certify that the rule will not 
have a significant impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000. Correction of designation status of these 
nonattainment areas to attainment under section 110(k)(6) of the Act 
does not create any new requirements and therefore will not have a 
significant impact on a substantial number of small entities.
    Section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded 
Mandates Act'') (signed into law on March 22, 1995) requires that the 
Agency prepare a budgetary impact statement before promulgating a rule 
that includes a Federal mandate that may result in expenditure by 
State, local, and tribal governments, in aggregate, or by the private 
sector, of $100 million or more in any one year. Section 203 requires 
the Agency to establish a plan for obtaining input from 

[[Page 40300]]
and informing, educating, and advising any small governments that may 
be significantly or uniquely affected by the rule.
    Under section 205 of the Unfunded Mandates Act, the Agency must 
identify and consider a reasonable number of regulatory alternatives 
before promulgating a rule for which a budgetary impact statement must 
be prepared. The Agency must select from those alternatives the least 
costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule, unless the Agency explains why 
this alternative is not selected or the selection of this alternative 
is inconsistent with law.
    Because this final rule is estimated to result in the expenditure 
by State, local, and tribal governments or the private sector of less 
than $100 million in any one year, the Agency has not prepared a 
budgetary impact statement or specifically addressed the selection of 
the least costly, most cost-effective, or least burdensome alternative. 
Because small governments will not be significantly or uniquely 
affected by this rule, the Agency is not required to develop a plan 
with regard to small governments.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, Hydrocarbons, 
National parks, Ozone, Volatile organic compounds, Wilderness areas.

    Dated: July 25, 1995.
Carol M. Browner,
Administrator.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PURPOSES

    1. The authority citation of part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. In Sec. 81.323 the ozone table is amended by revising the 
entries for the Allegan County Area, Barry County Area, Battle Creek 
Area, Benton Harbor Area, Branch County Area, Cass County Area, Gratiot 
County Area, Hillsdale County Area, Huron County Area, Ionia County 
Area, Jackson Area, Kalamazoo Area, Lapeer County Area, Lenawee County 
Area, Montcalm Area, Sanilac County Area, Shiawassee County Area, St. 
Joseph County Area, Tuscola County Area, Van Buren County Area and 
Lansing-East Lansing Area to read as follows:
Sec. 81.323  Michigan.

* * * * *

                                                 Michigan--Ozone                                                
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                                           Designation                               Classification             
     Designated Areas     --------------------------------------------------------------------------------------
                                 Date \1\                Type                  Date                  Type       
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Allegan County:                                                                                                 
    Allegan County.......  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Barry County Area:                                                                                              
    Barry County.........  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Battle Creek Area:                                                                                              
    Calhoun County.......  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Benton Harbor Area:                                                                                             
    Berrien County.......  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Branch County Area:                                                                                             
    Branch County........  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Cass County Area:                                                                                               
    Cass County..........  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Gratiot County Area:                                                                                            
    Gratiot County.......  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Hillsdale County Area:                                                                                          
    Hillsdale County.....  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Huron County Area:                                                                                              
    Huron County.........  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Ionia County Area:                                                                                              
    Ionia County.........  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Jackson Area:                                                                                                   
    Jackson County.......  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Kalamazoo Area:                                                                                                 
    Kalamazoo County.....  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Lansing-East Lansing                                                                                            
 Area:                                                                                                          
    Clinton County.......  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
    Eaton County.........  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
    Ingham County........  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Lapeer County Area:                                                                                             
    Lapeer County........  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Lenawee County Area:                                                                                            
    Lenawee County.......  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Montcalm Area:                                                                                                  
    Montcalm County......  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Sanilac County Area:                                                                                            
    Sanilac County.......  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   

[[Page 40301]]
                                                                                                                
Shiwassee County Area:                                                                                          
    Shiwassee County.....  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
St. Joseph County Area:                                                                                         
    St. Joseph County....  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Tuscola County Area:                                                                                            
    Tuscola County.......  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
Van Buren County Area:                                                                                          
    Van Buren County.....  October 10, 1995....  Unclassifiable/                                                
                                                  Attainment.                                                   
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.                                                     


[FR Doc. 95-19507 Filed 8-7-95; 8:45 am]
BILLING CODE 6560-50-P