[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3815-3817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1850]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI41-1-6999a; FRL-5407-5]


Approval and Promulgation of Implementation Plans; Michigan

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: This document approves a State Implementation Plan (SIP) 
revision for the State of Michigan which was submitted pursuant to the 
USEPA general conformity rules set forth at 40 ozone maintenance part 
51, subpart W--Determining Conformity of General Federal Actions to 
State or Federal Implementation Plans. Section 51.851(a) of the general 
conformity rules requires each State to submit to USEPA a revision to 
its applicable SIP which contains criteria and procedures for assessing 
conformity of Federal actions to applicable SIPs. The general 
conformity rules, except for the 40 CFR 51.851(a) language requiring 
State submission of a SIP revision, are repeated at 40 CFR part 93, 
subpart B. Michigan's SIP revision incorporates verbatim the criteria 
and procedures set forth at 40 CFR part 93, subpart B. This general 
conformity SIP revision will enable the State of Michigan to implement 
and enforce the Federal general conformity requirements in the 
nonattainment and maintenance areas at the State and local level.
    This document of approval is limited only to the general conformity 
SIP revision submitted pursuant to 40 CFR part 51, subpart W. SIP 
revisions submitted under 40 CFR part 51, subpart T, relating to 
conformity of Federal transportation actions funded or approved under 
Title 23 U.S.C. or the Federal Transit Act, will be addressed in a 
separate document. This document provides the rationale for the 
proposed approval and other information.

DATES: This ``direct final'' rule is effective April 2, 1996 unless 
USEPA receives adverse or critical comments by March 4, 1996. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the SIP revision, public comments and USEPA's 
responses 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. (It is 
recommended that you telephone Michael Leslie at (312) 353-6680 before 
visiting the Region 5 Office.)
    A copy of this SIP revision is available for inspection at the 
following location: Office of Air and Radiation (OAR) Docket and 
Information Center (Air Docket 6102), room M1500, United States 
Environmental Protection Agency, 401 M Street S.W., Washington, D.C. 
20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Michael G. Leslie, Regulation 
Development Section (AT-18J), Air Toxics and Radiation Branch, Air and 
Radiation Division, United States Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, Telephone 
Number (312) 353-6680.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 176(c) of the Clean Air Act (CAA), 42 U.S.C. Sec. 7506(c), 
provides that no Federal department, agency, or instrumentality shall 
engage in, support in any way or provide financial assistance for, 
license or permit, or approve any activity which does not conform to a 
SIP that has been approved or promulgated pursuant to the CAA. 
Conformity is defined in section 176(c) of the CAA as conformity to the 
SIP's purpose of eliminating or reducing the severity and number of 
violations of the National Ambient Air Quality Standards (NAAQS) and 
achieving expeditious attainment of such standards, and that such 
activities will not: (1) cause or contribute to any new violation of 
any standard in any area, (2) increase the 

[[Page 3816]]
frequency or severity of any existing violation of any standard in any 
area, or (3) delay timely attainment of any standard or any required 
interim emission reductions or other milestones in any area.
    Section 176(c)(4)(A) of the CAA requires USEPA to promulgate 
criteria and procedures for determining conformity of all Federal 
actions to applicable SIPs. Criteria and procedures for determining 
conformity of Federal actions related to transportation projects funded 
or approved under Title 23 U.S.C. or the Federal Transit Act are set 
forth at 40 CFR part 51, subpart T. The criteria and procedures for 
determining conformity of other Federal actions, the ``general 
conformity'' rules, were published in the November 30, 1993, Federal 
Register and codified at 40 CFR part 51 subpart W--Determining 
Conformity of General Federal Actions to State or Federal 
Implementation Plans. The general conformity rules require the States 
and local air quality agencies (where applicable) to adopt and submit a 
general conformity SIP revision to the USEPA not later than November 
30, 1994.

II. Evaluation of the State's Submittal

    Pursuant to the requirements under section 176(c)(4)(C) of the CAA 
the Michigan Department of Natural Resources (MDNR) submitted a SIP 
revision to the USEPA on November 29, 1994. The USEPA found this 
submittal to be complete on April 13, 1995. In its submittal, the State 
adopted the USEPA general conformity rule (40 CFR part 93, subpart B) 
verbatim.
    General conformity is required for all areas which are designated 
nonattainment or maintenance for any NAAQS criteria pollutant. The 
State of Michigan currently has 25 areas designated ozone 
nonattainment, and one ozone maintenance area. The areas for which 
conformity determinations are required and which are included as part 
of this submittal include the following nonurbanized counties: Allegan, 
Barry, Branch, Cass, Gratiot, Hillsdale, Huron, Ionia, Lenawee, Lapeer, 
Montcalm, Saint Joesph, Sanilac, Shiwassee, Tuscola, Van Buren. 
Urbanized areas include: Battle Creek Metropolitan Statistical Area 
(MSA) (Calhoun County), Benton Harbor MSA (Berrien County), Detroit-Ann 
Arbor Consolidated MSA area (Livingston, Macomb, Monroe, Oakland, St. 
Clair, Washtenaw, and Wayne Counties which are ozone maintenance), 
Flint MSA (Genesee County), Grand Rapids MSA (Kent and Ottawa 
Counties), Jackson MSA (Jackson County), Kalamazoo MSA (Kalamazoo 
County), Lansing-East Lansing MSA (Clinton, Eaton, and Ingham 
Counties), Muskegon MSA (Muskegon County), and Saginaw-Bay City-Midland 
MSA (Bay, Midland, and Saginaw Counties). Portions of three counties 
(Wayne, Oakland, and Macomb) are designated carbon monoxide 
nonattainment. A portion of Wayne county is nonattainment for 
Particulate Matter-10. The State of Michigan is currently attaining the 
NAAQS for Nitrogen Dioxide and Sulfur Dioxide, and has not been 
designated nonattainment for lead.
    The MDNR held a public hearing on the transportation conformity 
submittal on November 16, 1994. One comment was received by MDNR during 
the public comment period and that comment was addressed in the 
submittal.

III. USEPA Criteria on Submittal

    The revision incorporated the provisions of the following sections 
of 40 CFR part 93, subpart B in verbatim form: Secs. 93.150, 93.151, 
93.152, 93.153, 93.154, 93.155, 93.156, 93.157, 93.158, 93.159, 93.160.
    The MDNR, after consulting with the Michigan Attorney General, 
correctly concluded that this SIP revision will be enforceable pursuant 
to Michigan statutory law. Section 336.15 of the Michigan Compiled Laws 
(MCL), MSA Sec. 14.58(5) (1965 Mich. Pub. Acts 348), authorizes MDNR: 
to promulgate rules to establish standards for ambient air quality and 
for emissions (including SIPs); to institute a civil action to compel 
compliance with such rules; to cooperate with USEPA with respect to the 
control of air pollution; and to take other actions necessary to 
enforce such rules. Section 336.26d of MCL, MSA Sec. 14.58(16d) (1965 
Mich. Pub. Acts 348), provides for the assessment of penalties by MDNR 
for SIP violations and Section 336.26e of MCL, MSA Sec. 14.58(16e) 
(1965 Mich. Pub. Acts 348), authorizes the attorney general to seek 
both penalties and injunctive relief for such violations.
    Additional enforcement authority is found in MCL Sec. 691.1202, MSA 
Sec. 14.528(202) (1970 PA 127), which authorizes the attorney general, 
any political subdivision of the State, any instrumentality or agency 
of the State, or any person or legal entity to bring a civil action for 
declaratory and equitable relief for the protection of the air from 
pollution, impairment or destruction. In determining whether a 
violation has occurred or is likely to occur, the court may adopt 
standards set forth in a SIP or may adopt another standard.

IV. USEPA Action

    The USEPA is approving the general conformity SIP revision for the 
State of Michigan. The USEPA has evaluated this SIP revision and has 
determined that the State has fully adopted the provisions of the 
Federal general conformity rules set forth at 40 CFR part 93, subpart 
B. The appropriate public participation and comprehensive interagency 
consultations have been undertaken during development and adoption of 
this SIP revision. Because USEPA considers this action to be 
noncontroversial and routine, USEPA is approving it without prior 
proposal. This action will become effective on April 2, 1996. However, 
if USEPA receives adverse comments by March 4, 1996. USEPA will publish 
a document that withdraws this action.

IV. Miscellaneous

A. Applicability to Future SIP Decisions.

    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. The USEPA shall consider each request for revision to the SIP in 
light of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

B. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget has exempted 
this regulatory action from E.O. 12866 review.

C. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., 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, 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.
    This approval does not create any new requirements. Therefore, I 
certify that this action does not have a significant impact on any 
small entities affected. Moreover, due to the nature of the Federal-
State relationship under the 

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Act, preparation of the regulatory flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of the 
State action. The Act forbids USEPA to base its actions concerning SIPs 
on such grounds. Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 
(1976).
    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the 
USEPA must prepare a budgetary impact statement to accompany any 
proposed or final rule that includes a Federal mandate that may result 
in estimated costs to State, local, or tribal governments in the 
aggregate; or to the private sector, of $100 million or more. Under 
Section 205, the USEPA must select the most cost-effective and least 
burdensome alternative that achieves the objectives of the rule and is 
consistent with statutory requirements. Section 203 requires the USEPA 
to establish a plan for informing and advising any small governments 
that may be significantly or uniquely impacted by the rule.
    The USEPA has determined that the approval action promulgated today 
does not include a Federal mandate that may result in estimated costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector.
    This Federal action approves pre-existing requirements under State 
or local law, and imposes no new Federal requirements. Accordingly, no 
additional costs to State, local, or tribal governments, or the private 
sector, result from this action.

D. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 2, 1996. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review, nor does 
it extend 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 CAA).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
General conformity, Hydrocarbons, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Volatile organic compounds.

    Dated: December 13, 1995.
Gail Ginsberg,
Acting Regional Administrator.

    40 CFR part 52, is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

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

Subpart X--Michigan

    2. Section 52.1173 is amended by adding paragraph (e) to read as 
follows:


Sec. 52.1173  Control strategy: Particulates.

* * * * *
    (e) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the particulate State 
Implementation Plan for general conformity rules. The general 
conformity SIP revisions enable the State of Michigan to implement and 
enforce the Federal general conformity requirements in the 
nonattainment or maintenance areas at the State or local level in 
accordance with 40 CFR part 93, subpart B--Determining Conformity of 
General Federal Actions to State or Federal Implementation Plans.
    3. Section 52.1174 is amended by adding paragraph (n) to read as 
follows:


Sec. 52.1174  Control strategy: Ozone.

* * * * *
    (n) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the ozone State 
Implementation Plan for general conformity rules. The general 
conformity SIP revisions enable the State of Michigan to implement and 
enforce the Federal general conformity requirements in the 
nonattainment or maintenance areas at the State or local level in 
accordance with 40 CFR part 93, subpart B--Determining Conformity of 
General Federal Actions to State or Federal Implementation Plans.
    4. Section 52.1185 is added to read as follows:


Sec. 52.1185  Control strategy: Carbon Monoxide.

    (a) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the carbon monoxide State 
Implementation Plan for general conformity rules. The general 
conformity SIP revisions enable the State of Michigan to implement and 
enforce the Federal general conformity requirements in the 
nonattainment or maintenance areas at the State or local level in 
accordance with 40 CFR part 93, subpart B--Determining Conformity of 
General Federal Actions to State or Federal Implementation Plans.
    (b) Reserved.

[FR Doc. 96-1850 Filed 2-1-96; 8:45 am]
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