[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Rules and Regulations]
[Pages 39330-39332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19140]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[MI47-01-7250; FRL-5541-1]


Approval and Promulgation to State Implementation Plan; Michigan; 
182(f) SIP Revision

AGENCY: Environmental Protection Agency.

ACTION: Technical amendment.

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SUMMARY: The Environmental Protection Agency (EPA) is revising the Code 
of Federal Regulations to acknowledge the fact that on the date that 
the Detroit-Ann Arbor area was redesignated to attainment for ozone, 
the NOX requirements found in the area's maintenance plan would 
now apply and the NOX exemption that was granted on March 7, 1995 
no longer applies.

DATES: This final rule is effective on August 28, 1996.

ADDRESSES: Copies of the Detroit-Ann Arbor area NOX exemption 
request and the Detroit-Ann Arbor redesignation request, public 
comments and EPA's responses are available for inspection at the 
following address: United States Environmental Protection Agency, Air 
and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
60604.

FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental 
Engineer, Regulation Development Section, Air Programs Branch (AR-18J), 
Air and Radiation Division, United States Environmental Protection 
Agency, Region 5, Chicago, Illinois 60604, Telephone Number (312) 353-
6960.

SUPPLEMENTARY INFORMATION:

I. Action

    On November 12, 1993 the State of Michigan submitted a petition to 
the U.S. EPA requesting that the Detroit-Ann Arbor ozone nonattainment 
area be exempted from the requirement to implement NOX controls 
pursuant to section 182(f) of the Act. The exemption request was based 
on monitoring data which demonstrate that the average number of 
exceedances of the ozone standard in the Detroit-Ann Arbor area during 
the most recent 3 year period, 1991 through 1993, was fewer than one.
    On March 7, 1995, a final rule was published in the Federal 
Register approving Michigan's request for a NOX waiver for the 
Detroit-Ann Arbor area. This final rule stated that on November 12, 
1993, the State of Michigan also submitted an ozone redesignation 
request for the Detroit-Ann Arbor area. Section 107(d)(3)(E) of the Act 
requires submittal and full approval of a section 175(A) maintenance 
plan for areas that are redesignating to attainment. This maintenance 
plan must contain contingency measures that would be implemented if a 
violation of the ozone standard were to occur. Consequently, if the 
State's redesignation request is approved, the NOX requirements 
found in the maintenance plan for that area would thereafter apply as 
long as the area continues to be designated attainment for ozone.
    On March 7, 1995, EPA approved in final Michigan's request for 
redesignation to attainment. Because the Detroit-Ann Arbor area was 
redesignated to attainment, the NOX waiver no longer applies and 
was replaced by the NOX requirements found in the area's 
maintenance plan.
    This document serves to revise the Code of Federal Regulations to 
acknowledge that on March 7, 1995, the NOX requirements found in 
the maintenance plan for Detroit-Ann area became effective and that the 
NOX waiver granted to the Detroit-Ann Arbor ozone nonattainment 
area no longer applies. The NOX requirements in the area's 
maintenance plan are applicable as long as the area continues to be 
designated attainment for ozone.

II. 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 EPA 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), 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., EPA 
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, EPA 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 technical amendment 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 EPA to 
base its actions concerning SIPs on such grounds. Union Electric Co. v. 
U.S. EPA, 427 U.S. 246, 256-66 (1976).

D. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
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 EPA 
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 EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The EPA has determined that this 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 serves only as a public notification. 
Accordingly, no additional costs to State, local, or tribal 
governments, or the private sector, result from this action.

E. Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of this rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.

F. 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 September 27, 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

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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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Oxides of nitrogen, Ozone, 
Reporting and recordkeeping requirements.

    Dated: July 2, 1996.
Valdas V. Adamkus,
Regional Administrator.

    For the reasons stated in the preamble, part 52, chapter I, title 
40 of the Code of Federal Regulations 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


Sec. 52.1174  [Amended]

    2. Section 52.1174 is amended by removing and reserving paragraph 
(j).

[FR Doc. 96-19140 Filed 7-26-96; 8:45 am]
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