[Federal Register Volume 61, Number 42 (Friday, March 1, 1996)]
[Rules and Regulations]
[Pages 7994-7996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4848]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MI44-01-7147a; FRL-5408-5]


Approval and Promulgation of Implementation Plans; Michigan

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The USEPA is approving the State of Michigan's revision to its 
State Implementation Plan (SIP) for the Wayne County particulate matter 
(PM) nonattainment area. The State of Michigan submitted this revision, 
dated July 18, 1995 to satisfy the contingency measures requirements of 
section 172(c)(9) of the Clean Air Act (Act). Section 172(c)(9) of the 
Act requires that States with initial moderate PM nonattainment areas 
submit contingency measures consisting of specific measures that are 
not part of the area's control strategy which must take effect without 
further action by the State or USEPA, upon a determination by USEPA 
that the area has failed to achieve Reasonable Further Progress (RFP) 
or attain the PM National Ambient Air Quality Standards (NAAQS) by the 
applicable statutory deadline.

DATES: This ``direct final'' is effective April 30, 1996, unless USEPA 
receives adverse or critical comments by April 1, 1996. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the documents relevant to this action are 
available for inspection during normal business hours at the following 
location: (It is recommended that you telephone Christos Panos at (312) 
353-8328, before visiting the Region 5 office.)
    United States Environmental Protection Agency, Region 5, Air and 
Radiation Division, Air Toxics and Radiation Branch, 77 West Jackson 
Boulevard, Chicago, Illinois 60604-3590.

FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental 
Engineer, Regulation Development Section, Air Toxics and Radiation 
Branch (AT-18J), United States Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604-3590, (312) 353-
8328.

SUPPLEMENTARY INFORMATION:

Background

    A portion of Wayne County, Michigan, was designated as a moderate 
PM nonattainment area upon enactment of the 1990 Amendments to the Act 
(November 15, 1990). 56 FR 56694, 56705-706, 56779 (November 6, 1991). 
Among other things, the amended Act made significant changes to the PM 
air quality planning requirements for certain areas. The USEPA has 
issued detailed guidance that describes USEPA's preliminary 
interpretations regarding moderate PM nonattainment area SIP 
requirements; 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28, 
1992). States containing initial moderate PM nonattainment areas were 
required to submit a SIP by November 15, 1991, which implemented 
reasonably available control measures by December 10, 1993, and 
demonstrated attainment of the PM NAAQS by December 31, 1994. On 
January 17, 1995 (60 FR 3346), USEPA approved the Wayne County PM 
nonattainment area SIP originally submitted by the Michigan Department 
of Natural Resources (MDNR) on June 11, 1993 and revised on October 14, 
1994.
    As provided in section 172(c)(9) of the Act, States with initial 
moderate PM nonattainment areas were also required to submit 
contingency measures by November 15, 1993. See generally 57 FR 13543-
13544. These measures should consist of other available measures that 
are not part of the area's control strategy which must take effect 
without further action by the State or USEPA, upon a determination by 
USEPA that the area has failed to achieve RFP or attain the PM NAAQS by 
the applicable statutory deadline. On January 21, 1994, USEPA sent a 
letter to the State of Michigan notifying them that a finding of 
failure to submit had been made, thus starting the process to impose 
sanctions and promulgate a Federal Implementation Plan (FIP).

Completeness Determination

    States are required to observe certain procedural requirements in 
developing implementation plans and plan revisions for submission to 
USEPA. The Act provides that each implementation plan submitted by a 
State must be adopted after reasonable notice and public hearing. The 
USEPA also must determine whether a submittal is complete and therefore 
warrants further USEPA review and action. The USEPA's completeness 
criteria for SIP submittals are set out at 40 CFR Part 51, Appendix V 
(1991).
    The State of Michigan held a public hearing on March 2, 1995 to 
receive public comment on the contingency measures plan for the Wayne 
County PM nonattainment area. Following the public hearing, the plan 
was adopted by the State, signed by the Governor's designee on July 13, 
1995 and submitted to USEPA as a proposed revision to the SIP.
    The SIP revision was reviewed by USEPA to determine completeness 
and was found to be complete. The USEPA sent a letter dated July 17, 
1995 to the Director, MDNR, indicating the completeness of the 
submittal and the next steps to be taken in the review process. This 
finding of completeness stopped the sanctions process which was started 
on January 21, 1994.

Review of Contingency Measures Rule

    The Michigan SIP submittal consists of the new State Administrative 
Rule 374 (R 336.1374), effective July 26, 1995, which was designed to 
satisfy the contingency measures requirement of section 172(c)(9) of 
the Act. The SIP provides that the measures contained in the rule must 
take effect without further action by the State or USEPA should USEPA 
determine that the Wayne County nonattainment area has failed to 
achieve RFP or to attain the PM standard. Within 60 days of 
notification by MDNR or USEPA of a violation of the PM NAAQS, companies 
located within a one mile radius centered around the monitor which 
recorded the violation must be in compliance with the opacity limit, 
implement the fugitive dust control strategies, or commence the 
schedule to implement the process or combustion source control 
strategies described in the rule. The October 24, 1995 Technical 
Support Document contains a more detailed explanation of the rule's 
requirements.

Final Action

    In this action, USEPA is approving the SIP revision submitted to 
USEPA by the State of Michigan on July 13, 1995 for the Wayne County PM 
nonattainment area. Specifically, USEPA is approving State 
Administrative Rule 374 (R 336.1374), effective July 26, 1995, as 
intended to satisfy the contingency measures requirement specified in 
section 172(c)(9) of the Act.

Miscellaneous

Comment and Approval Procedure

    The USEPA is publishing this action without prior proposal because 
USEPA views this action as a noncontroversial revision and anticipates 
no adverse comments. However, USEPA is publishing a separate document 
in this Federal Register publication, which constitutes a ``proposed 
approval'' of the requested SIP revision and clarifies that the 
rulemaking will not be deemed final if timely adverse or critical 
comments 

[[Page 7996]]
are filed. The ``direct final'' approval shall be effective on April 
30, 1996, unless USEPA receives adverse or critical comments by April 
1, 1996.
    If USEPA receives comments adverse to or critical of the approval 
discussed above, USEPA will withdraw this approval before its effective 
date, and publish a subsequent Federal Register document which 
withdraws this final action. All public comments received will then be 
addressed in a subsequent document.
    Any parties interested in commenting on this action should do so at 
this time. If no such comments are received, USEPA hereby advises the 
public that this action will be effective on April 30, 1996.

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. Each request for a revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.

Executive Order 12866

    This action has been classified as a Table 3 action 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 Executive Order 12866 review.

Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. Section 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. 
Sections 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 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. EPA, 427 U.S. 246, 256-66 (1976).

Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, 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, 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 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.

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 April 30, 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 a rule. This 
action may not be challenged later in proceedings to enforce its 
requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Note: Incorporation by reference of the SIP for the State of 
Michigan was approved by the Director of the Federal Register on 
July 1, 1982.

    Dated: December 14, 1995.
Valdas V. Adamkus,
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. 52.1170 is amended by adding paragraph (c)(104) to read as 
follows:
* * * * *
    (c) * * *
    (104) On July 13, 1995, the Michigan Department of Natural 
Resources (MDNR) submitted a contingency measures plan for the Wayne 
County particulate matter nonattainment area.
    (i) Incorporation by reference.
    (A) State of Michigan Administrative Rule 374 (R 336.1374), 
effective July 26, 1995.

[FR Doc. 96-4848 Filed 2-29-96; 8:45 am]
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