[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Rules and Regulations]
[Pages 6650-6651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3177]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI56-01-7264a; FRL-5961-8]


Approval and Promulgation of State Implementation Plan; Michigan

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: On May 16, 1996, and September 23, 1997, the Michigan 
Department of Environmental Quality (MDEQ) submitted a revision to the 
Michigan State Implementation Plan (SIP) that included Part 55 of Act 
451 of 1994, the Natural Resources and Environmental Protection Act 
(Part 55). Part 55 is a recodification of the Air Pollution Control 
Act, 1965 Public Act 348. On December 30, 1997, MDEQ withdrew most of 
Part 55. In this action, the United States Environmental Protection 
Agency (USEPA) is approving sections 324.5524 and 324.5525 which 
contain control requirements and applicable definitions for fugitive 
dust sources.
    In the proposed rules section of this Federal Register, the USEPA 
is proposing approval of, and soliciting comments on, this requested 
SIP revision. If adverse comments are received on this action, the 
USEPA will withdraw this final rule and address the comments received 
in response to this action in a final rule on the related proposed 
rule, which is being published in the proposed rules section of this 
Federal Register. A second public comment period will not be held. 
Parties interested in commenting on this action should do so at this 
time. This approval makes federally enforceable the State's rule that 
has been incorporated by reference.

DATES: The ``direct final'' is effective on April 13, 1998, unless 
USEPA receives adverse or critical comments by March 12, 1998. 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. 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604.
    Copies of the proposed SIP revision and USEPA's analysis are 
available for inspection at the U.S. Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. (Please telephone Kathleen D'Agostino at (312) 
886-1767 before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Regulation Development Section, Air Programs Branch (AR-18J), 
U.S. Environmental Protection Agency, Region 5, Chicago, Illinois 
60604, (312) 886-1767.

SUPPLEMENTARY INFORMATION: On May 16, 1996, the Michigan Department of 
Environmental Quality (MDEQ) submitted a revision to the Michigan State 
Implementation Plan for New Source Review (NSR). Included in this 
submittal was Part 55 of Act 451 of 1994, the Natural Resources and 
Environmental Protection Act (Part 55), which recodifies the Air 
Pollution Control Act, 1965 Public Act 348. Part 55 in the May 16, 1996 
submittal was incomplete in that the copy submitted had only the odd 
pages. On September 23, 1997, the State supplemented its original 
submittal with a complete copy of Part 55. On December 30, 1997, MDEQ 
withdrew all of Part 55 except for sections 324.5505, 324.5510, 
324.5511, 324.5524 and 324.5525 and reaffirmed that Part 55 replaces 
the Air Pollution Control Act, 1965 Public Act 348, as the enabling 
legislation for Michigan's air pollution control program. This action 
only addresses those sections 324.5524 and 324.5525. Sections 324.5505, 
324.5510 and 324.5511 pertain to New Source Review (NSR) and will be 
addressed when

[[Page 6651]]

USEPA takes action on the State's NSR SIP.
    Sections 324.5524 and 324.5525 contain control requirements and 
applicable definitions for fugitive dust sources. These control 
requirements and definitions are very similar to those included in 
rules approved by USEPA in the State's particulate matter SIP. These 
sections are acceptable and USEPA is approving sections 324.5524 and 
324.5525 for incorporation into the SIP.
    Because the USEPA considers this action noncontroversial and 
routine, we are approving it without prior proposal. This action will 
become effective on April 13, 1998. However, if we receive adverse 
comments by March 12, 1998, USEPA will publish a document that 
withdraws this action.
    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.
    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 (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    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 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. 
USEPA, 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 into the SIP requirements already existing 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.
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, USEPA 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 today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).
    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 13, 1998. 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, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: January 12, 1998.
David A. Ullrich,
Acting Regional Administrator, Region V.

    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 et seq.

Subpart X--Michigan

    2. Section 52.1170 is amended by adding paragraph (c)(110) to read 
as follows:


Sec. 52.1170  Identification of plan.

* * * * *
    (c) * * *
    (110) A revision to Michigan's State Implementation Plan (SIP), 
containing part of Michigan's Natural Resources and Environmental 
Protection Act, was submitted by the Michigan Department of 
Environmental Quality (MDEQ) on May 16, 1996, and supplemented on 
September 23, 1997. On December 30, 1997, MDEQ withdrew much of the 
original submittal. The revision incorporated below contains control 
requirements and applicable definitions for fugitive dust sources.
    (i) Incorporation by reference. The following sections of Part 55 
of Act 451 of 1994, the Natural Resources and Environmental Protection 
Act are incorporated by reference.
    (A) 324.5524  Fugitive dust sources or emissions, effective March 
30, 1995.
    (B) 324.5525  Definitions, effective March 30, 1995.

[FR Doc. 98-3177 Filed 2-9-98; 8:45 am]
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