[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40516-40519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19785]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[MI45-01-7240a; FRL-5545-2]


Designation of Areas for Air Quality Planning Purposes; Michigan

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: In this action the Environmental Protection Agency (EPA) is 
approving the State Implementation Plan (SIP) submitted by the State of 
Michigan through the Michigan Department of Environmental Quality 
(MDEQ) on July 24, 1995 for the purpose of redesignating the portion of 
Wayne County currently designated as nonattainment to attainment status 
for the particulate matter National Ambient Air Quality Standard 
(NAAQS).

DATES: This ``direct final'' is effective on October 4, 1996, unless 
EPA receives adverse or critical comments by September 4, 1996. 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 Programs Branch (AR-18J), U.S. EPA, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois, 60604. Copies 
of this SIP revision and EPA's analysis are available for inspection 
during normal business hours at the above address. (Please telephone 
Christos Panos at (312) 353-8328, before visiting the Region 5 office.)

FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental 
Engineer, Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-
3590, (312) 353-8328.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 1, 1987 (52 FR 24634), EPA revised the NAAQS for 
particulate matter with a new indicator that includes only those 
particles with an aerodynamic diameter less than or equal to a nominal 
10 micrometers (PM). (See 40 CFR Sec. 50.6). The 24-hour primary PM 
standard is 150 micrograms per cubic meter (g/m\3\), with no 
more than one expected exceedance per year. The annual primary PM 
standard is 50
g/m\3\ expected annual arithmetic mean. The secondary PM 
standards are identical to the primary standards.
    On August 7, 1987 (52 FR 29383), EPA identified the entire Wayne 
County, Michigan area as a PM ``Group I'' area of concern, i.e., an 
area with a strong likelihood of violating the PM NAAQS and requiring a 
substantial SIP revision. This Group I area was reduced in size on 
October 31, 1990 (55 FR 45799). The reduced area was subsequently 
designated as a moderate PM nonattainment area upon enactment of the 
Clean Air Act Amendments of 1990. 56 FR 56694 at 56705-706, 56714 
(November 6, 1991).

II. Evaluation Criteria

    Section 107(d)(3)(D) of the amended Clean Air Act (Act) allows the 
Governor

[[Page 40517]]

of a State to request the redesignation of an area from nonattainment 
to attainment. The criteria used to review redesignation requests are 
derived from the Act, the general preamble to Title I of the Clean Air 
Act Amendments of 1990 (57 FR 13498), and a September 4, 1992 policy 
and guidance memorandum from John Calcagni entitled Procedures for 
Processing Requests to Redesignate Areas to Attainment. An area can be 
redesignated to attainment if the following conditions are met:
    1. The area has attained the applicable NAAQS;
    2. The area has a fully approved SIP under section 110(k) of the 
Act;
    3. The air quality improvement must be permanent and enforceable;
    4. The area has met all relevant requirements under section 110 and 
Part D of the Act;
    5. The area must have a fully approved maintenance plan pursuant to 
section 175A of the Act.

III. Review of State Submittal

    Under a cover letter dated July 24, 1995 the State submitted a 
redesignation request for the Wayne County PM nonattainment area. A 
public hearing was held on March 2, 1995. The State did not receive any 
adverse comments during the public hearing or the 30-day comment 
period. The request was reviewed by EPA to determine completeness 
shortly after its submittal, in accordance with the completeness 
criteria set out at 40 CFR Part 51, Appendix V. The submittal was found 
to be complete and a letter dated October 5, 1995 was forwarded to the 
Director, Michigan Department of Environmental Quality (MDEQ), 
indicating the completeness of the submittal and the next steps to be 
taken in the review process. The following is a brief description of 
how the State's redesignation request meets the requirements of Section 
107(d)(3)(E). A more detailed discussion is found within EPA's May 1, 
1996 Technical Support Document (TSD), which is available at the 
Regional Office listed above.

1. Attainment of the PM NAAQS

    A state must demonstrate that an area has attained the PM NAAQS 
through submittal of ambient air quality data from an ambient air 
monitoring network representing peak PM concentrations. The data, which 
must be quality assured and recorded in the Aerometric Information 
Retrieval System (AIRS), must show that the average annual number of 
expected exceedances for the area is less than or equal to 1.0, 
pursuant to 40 CFR 50.6. The data must represent the three consecutive 
years of complete ambient air quality monitoring data collected in 
accordance with EPA methodologies.
    The Wayne County Air Quality Management Division operates three PM 
monitoring sites in the nonattainment area. National Chemical Services, 
a private company, also operates a site. The MDEQ submitted ambient air 
quality data and supporting documentation from each monitoring site for 
the 1985-1993 period demonstrating that the area has attained the PM 
NAAQS. This air quality data was quality assured and placed in AIRS. 
One exceedance of the 24-hour PM NAAQS was recorded in 1986, two in 
1988, two in 1989, and one in 1992. No exceedances were recorded in 
1987, 1990, 1991, and 1993. Although there was one exceedance in 1992, 
the number of expected exceedances for the 1991-1993 three-year period 
is one or less, and therefore, would not be considered a monitored 
violation of the PM NAAQS. Therefore, the State has adequately 
demonstrated, through ambient air quality data, that the PM NAAQS has 
been attained in Wayne County, with 1993 as the attainment year. 
Further, recent data shows that the area is continuing to attain the PM 
NAAQS.

2. State Implementation Plan Approval

    Those States containing initial moderate PM nonattainment areas 
were required to submit by November 15, 1991 a SIP which implemented 
reasonably available control measures (RACM) by December 10, 1993 and 
demonstrated attainment of the PM NAAQS by December 31, 1994. The SIP 
for the area must be fully approved under section 110(k) of the Act, 
and must satisfy all requirements that apply to the area. On January 
17, 1995 (60 FR 3346), EPA approved the Wayne County PM nonattainment 
area SIP originally submitted by the State on June 11, 1993 and revised 
on October 14, 1994.

3. Improvement in Air Quality Due to Permanent and Enforceable Measures

    The State must be able to reasonably attribute the improvement in 
air quality to permanent and enforceable emission reductions. In making 
this showing, the State must demonstrate that air quality improvements 
are the result of actual, enforceable emission reductions.
    The State provided a detailed discussion of the development of PM 
emission reductions during the attainment demonstration period of 1986-
1993. The PM dispersion modeling conducted as part of the Wayne County 
PM SIP predicted that the control measures included in the SIP were 
sufficient to provide for attainment and maintenance of the PM NAAQS. 
The State has adequately demonstrated that the improvement in air 
quality is due to permanent and enforceable emission reductions of 
2042.91 tons of PM as a result of implementing the federally 
enforceable control measures in the SIP.

4. Meeting Applicable Requirements of Section 110 and Part D of the Act

    To be redesignated to attainment, section 107(d)(3)(E) requires 
that an area must have met all applicable requirements of section 110 
and of part D of the Act. The EPA interprets this to mean that for a 
redesignation request to be approved, the State must have met all 
requirements that applied to the subject area prior to or at the time 
of a complete redesignation request.
A. Section 110  Requirements
    Section 110(a)(2) contains general requirements for nonattainment 
plans. For purposes of redesignation, the Michigan SIP was reviewed to 
ensure that all applicable requirements under the amended Act were 
satisfied. Title 40 CFR Part 52, subpart X, further evidences that the 
Michigan SIP was approved under section 110 of the Act and found that 
the SIP satisfied all Part D requirements.
B. Part D  Requirements
    Before a PM nonattainment area may be redesignated to attainment, 
the State must have fulfilled the applicable requirements of Part D. 
Subpart 1 of Part D establishes the general requirements applicable to 
all nonattainment areas and subpart 4 of Part D establishes specific 
requirements applicable to PM nonattainment areas.
    The requirements of sections 172(c) and 189(a) regarding attainment 
of the PM NAAQS, and the requirements of section 172(c) regarding 
reasonable further progress, imposition of RACM, the adoption of 
contingency measures, and the submission of an emission inventory have 
been satisfied through the 1995 approval of the Wayne County PM SIP (60 
FR 3346), the 1996 approval of the Wayne County PM contingency measures 
SIP (61 FR 8009), and the demonstration that the area is now attaining 
the standard. The requirements of the Part D--New Source Review (NSR) 
permit program will be replaced by the Part C--Prevention of 
Significant Deterioration (PSD) program once the area has been 
redesignated. Because the PSD program was delegated to the State of 
Michigan on September 10, 1979, and amended on November 7,

[[Page 40518]]

1983 and September 26, 1988, it will become fully effective immediately 
upon redesignation.

5. Fully Approved Maintenance Plan Under Section 175A of the Act

    Section 175(A) of the Act requires states that submit a 
redesignation request for a nonattainment area under section 107(d) to 
include a maintenance plan to ensure that the attainment of NAAQS for 
any pollutant is maintained. The plan must demonstrate continued 
attainment of the applicable NAAQS for at least ten years after the 
approval of a redesignation to attainment. Eight years after the 
redesignation, the State must submit a revised maintenance plan 
demonstrating attainment for the ten years following the initial ten 
year period.
    The State of Michigan has adequately demonstrated attainment and 
maintenance of the PM NAAQS through the dispersion modeling submitted 
as part of the Wayne County PM attainment demonstration SIP. Although 
the modeling only projected PM emissions to the year 2005, protection 
of the NAAQS is assured beyond that because the State SIP includes 
permanent allowable PM emission limitations. Actual PM emissions are 
also generally less than the allowable PM emissions considered in the 
modeling. The maintenance plan for the Wayne County area also contains 
a commitment from the State to revise and submit a new maintenance plan 
within eight years of approval of this redesignation.
    Once an area has been redesignated, the State must continue to 
operate an appropriate air quality monitoring network, in accordance 
with 40 CFR Part 58, to verify the attainment status of the area. The 
maintenance plan should contain provisions for continued operation of 
air quality monitors that will provide such verification. In its 
submittal, the State commits to continue to operate and maintain the 
network of PM monitoring stations to demonstrate ongoing compliance 
with the PM NAAQS.
    Section 175A of the Act also requires that a maintenance plan 
include contingency provisions, as necessary, to promptly correct any 
violation of the NAAQS that occurs after redesignation of the area. 
These contingency measures are distinguished from those generally 
required for nonattainment areas under section 172(c)(9). However, if 
an area has been able to attain the NAAQS without implementation of the 
Part D nonattainment SIP contingency measures, and the contingency plan 
includes a requirement that the State will implement all of the PM 
control measures which were contained in the SIP before redesignation 
to attainment, then the State can carry over into the area's 
maintenance plan the Part D SIP measures not previously implemented.
    Under a cover later dated July 13, 1995, MDEQ submitted State 
Administrative Rule 336.1374 to satisfy the contingency measures 
requirements specified in both section 172(c)(9) and section 175(A) for 
the Wayne County PM nonattainment area. On March 1, 1996, EPA approved 
the rule into the Michigan SIP in a direct final rulemaking (61 FR 
8009), which became effective on April 30, 1996. The State may use this 
rule as the maintenance plan contingency measures, because the State 
was able to attain the PM NAAQS with the limitations and control 
measures already contained in the SIP prior to promulgation of Rule 
336.1374.

IV. Final Action

    In this action, EPA is approving the State of Michigan's request to 
redesignate the Wayne County PM nonattainment area to attainment.

V. Miscellaneous

A. Comment and Approval Procedure

    The EPA is publishing this action without prior proposal because 
EPA views this action as a noncontroversial revision and anticipates no 
adverse comments. However, EPA 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 are filed. The ``direct final'' approval shall be effective on 
October 4, 1996, unless EPA receives adverse or critical comments by 
September 4, 1996.
    If EPA receives comments adverse to or critical of the approval 
discussed above, EPA will withdraw this approval before its effective 
date by publishing a subsequent document which withdraws this final 
action. All public comments received will then be addressed in a 
subsequent final rulemaking action.
    The EPA will not institute a second comment period on this action. 
Any parties interested in commenting on this action should do so at 
this time. If no such comments are received, EPA hereby advises the 
public that this action will be effective on October 4, 1996.

B. 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.

C. Petitions for Judicial Review

    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 4, 1996. Filing 
a petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for 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 Act, 42 
U.S.C. 7607(b)(2)].

D. 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 Executive Order 12866 review.

E. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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. Secs. 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.
    Redesignation of an area to attainment under section 107(d)(3)(e) 
of the Act does not impose any new requirements on small entities. 
Redesignation is an action that affects the status of a geographical 
area and does not impose any regulatory requirements on sources. 
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

[[Page 40519]]

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).

F. Unfunded Mandates

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

G. 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 the rule in this Federal Register. This 
rule is not a ``major rule'' as defined by section 804(2) of the APA as 
amended.

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: July 16, 1996.
David A. Ullrich,
Acting Regional Administrator.

    For the reasons set forth in the preamble 40 CFR parts 52 and 81 
are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

    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 a new paragraph (f) to read 
as follows:


Sec. 52.1173  Control strategy: particulates.

* * * * *
    (f) On July 24, 1995, the Michigan Department of Natural Resources 
requested the redesignation of Wayne County to attainment of the 
National Ambient Air Quality Standard for particulate matter. The 
State's maintenance plan is complete and the redesignation satisfies 
all of the requirements of the Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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

    2. In Sec. 81.323, the table entitled ``Michigan PM-10'' is revised 
to read as follows:


Sec. 81.323  Michigan.

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                                                 Michigan--PM-10                                                
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                                                      Designation                           Classification      
         Designated Area         -------------------------------------------------------------------------------
                                            Date                      Type                Date          Type    
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Wayne County--The area bounded    October 4, 1996.........  Attainment                              ............
 by Michigan Avenue from its                                                                                    
 intersection with I-75 west to                                                                                 
 I-94, I-94 southwest to                                                                                        
 Greenfield Road, Greenfield                                                                                    
 Road south to Schaefer Road,                                                                                   
 Schaefer Road south and east to                                                                                
 Jefferson Avenue, Jefferson                                                                                    
 Avenue south (Biddle Avenue                                                                                    
 through the city of Wyandotte)                                                                                 
 to Sibley Avenue, Sibley Avenue                                                                                
 west to Fort Street, Fort                                                                                      
 Street south to King Road, King                                                                                
 Road east to Jefferson Avenue,                                                                                 
 Jefferson Avenue south to Helen                                                                                
 Road, Helen Road east extended                                                                                 
 to Trenton Channel, Trenton                                                                                    
 Channel north to the Detroit                                                                                   
 River, the Detroit River north                                                                                 
 to the Ambassador Bridge,                                                                                      
 Ambassador Bridge to I-75, I-75                                                                                
 to Michigan Avenue.                                                                                            
Rest of State...................  11/15/90................  Unclassifiable                          ............
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[FR Doc. 96-19785 Filed 8-2-96; 8:45 am]
BILLING CODE 6560-50-P