[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
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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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