[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Rules and Regulations]
[Pages 50512-50514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25501]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI12-01-7266; FRL-5898-2]


Approval and Promulgation of Implementation Plan; Michigan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On June 12, 1997, the Environmental Protection Agency (EPA) 
published an action of proposed rulemaking discussing its decision to 
approve a revision to the Michigan State Implementation Plan (SIP) to 
grant an exemption for the Muskegon County ozone nonattainment area 
from the applicable Oxides of Nitrogen (NOX) transportation 
conformity requirements. See Federal Register (62 FR 32058). No 
comments were received by the EPA during the 30-day comment period. 
This rule finalizes EPA's decision to approve the exemption for 
Muskegon County, moderate ozone nonattainment area, from the 
transportation conformity requirements for NOX. The Michigan 
SIP revision request is based on the urban airshed modeling (UAM) 
conducted for the attainment demonstration for the Lake Michigan Ozone 
Study (LMOS) modeling domain. Additional information is available at 
the address indicated below.


[[Page 50513]]


EFFECTIVE DATE: This final rule is effective on October 27, 1997.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
following address: United States Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. (Please telephone Victoria Hayden at (312) 
886-4023 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: Victoria Hayden, Regulation 
Development Section (AR-18J), Air Programs Branch, Air and Radiation 
Division, United States Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312) 
886-4023.

SUPPLEMENTARY INFORMATION: The specific rationale EPA used to approve 
the exemption for Muskegon County from the transportation conformity 
requirements of NOX was explained in the proposed rulemaking 
and will not be restated here. This rule announces EPA's final action 
regarding approval of the Michigan SIP revision.

I. EPA Final Rulemaking Action

    In this final action EPA is approving the transportation conformity 
NOX waiver SIP revision for the State of Michigan. In light 
of the modeling completed thus far and considering the importance of 
the Ozone Transport Assessment Group (OTAG) process and attainment plan 
modeling efforts, EPA notes that it may reexamine the impact of this 
NOX waiver. In the near future, EPA intends to require 
appropriate States to submit SIP measures to achieve emissions 
reductions of ozone precursors needed to prevent significant transport 
of ozone. EPA will evaluate the States' submitted SIP measures and 
available refined modeling to determine whether the NOX 
waiver should remain in place, or whether EPA must seek a plan 
revision.
    The EPA also reserves the right to require NOX emission 
controls for transportation sources under section 110(a)(2)(D) of the 
Act if future ozone modeling demonstrates that such controls are needed 
to achieve the ozone standard in downwind areas.

II. Administrative Requirements

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 (E.O.) 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., 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 economic 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.
    SIP approvals under section 110 and Subchapter I, Part D of the Act 
do not create any new requirements but simply approve requirements that 
the State is already imposing. Therefore, because the Federal SIP 
approval does not impose any new requirements, the Administrator 
certifies that it 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 a flexibility analysis would 
constitute Federal inquiry into the economic reasonableness of state 
action. The Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. EPA, 427 U.S. 246, 255-66 (1976); 42 
U.S.C. 7410(a)(2).

D. Unfunded Mandates Reform Act

    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 of $100 million or more 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 the approval action promulgated 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 
preexisting requirements under state or local law, and imposes no new 
requirements. Accordingly, no additional costs to state, local, or 
tribal governments, or to the private sector, result from this action.

E. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, the 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 the 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2)

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 November 25, 1997. 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Oxides of Nitrogen, Transportation 
conformity, Transportation--air quality planning, Volatile organic 
compounds.

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


[[Page 50514]]


    Dated: September 12, 1997.
Michelle D. Jordan,
Acting Regional Administrator.

    Part 52, 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 adding paragraph (p) to read as 
follows:
* * * * *
    (p) Approval--On November 22, 1995 the Michigan Department of 
Natural Resources submitted a petition for exemption from 
transportation conformity requirements for the Muskegon ozone 
nonattainment area. This approval exempts the Muskegon ozone 
nonattainment area from transportation conformity requirements under 
section 182(b)(1) of the Clean Air Act. If a violation of the ozone 
standard occurs in the Muskegon County ozone nonattainment area, the 
exemption shall no longer apply.

[FR Doc. 97-25501 Filed 9-25-97; 8:45 am]
BILLING CODE 6560-50-P