[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Rules and Regulations]
[Pages 35017-35023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16372]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[MI73-7281a; FRL-6366-5]


Approval and Promulgation of State Implementation Plans; Michigan

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of Michigan's request to redesignate the Detroit area, which 
includes portions of Wayne, Oakland, and Macomb Counties, to attainment 
for carbon monoxide (CO). The EPA is also approving the corresponding 
175A maintenance plan associated with the redesignation request as a 
revision to the Michigan State Implementation Plan (SIP) for attaining 
and maintaining the National Ambient Air Quality Standard (NAAQS) for 
CO.

DATES: This action is effective August 30, 1999, without further 
notice, unless EPA receives adverse comment by July 30, 1999. If we 
receive such comment, we will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Send written comments to: Carlton T. Nash, Chief, Regulation 
Development Section, Air Programs Branch (AR-18J), United States 
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. (We recommend that you telephone John Mooney at (312) 
886-6043 before visiting the Region 5 Office.)
    A copy of the SIP revision is available for inspection at the 
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: John M. Mooney, 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, (312) 886-6043.

I. Supplementary Information

    This Supplementary Information section is organized as follows:

A. Redesignation
    1. Background
    2. Evaluation Criteria
    3. Review of State Submittal
    a. Attainment of the CO NAAQS
    b. Meeting Applicable Requirements of Section 110 and Part D
    i. Section 110 Requirements
    ii. Part D Requirements
    I. Subpart 1 of Part D--Section 172(c) Provisions
    II. Subpart 1 of Part D--Section 176 Conformity Provisions
    III. Subpart 3 Requirements
    c. Fully Approved SIP Under Section 110(k) of the Act
    d. Improvement in Air Quality Due to Permanent and Enforceable 
Measures.
    e. Fully Approved Maintenance Plan Under Section 175A
    i. Emissions Inventory--Base Year Inventory
    ii. Demonstration of Maintenance--Projected Inventories
    iii. Verification of Continued Attainment
    iv. Contingency Plan
    v. Commitment to Submit Subsequent Maintenance Plan Revisions
B. Final Action

A. Redesignation

    Under the Clean Air Act (Act), EPA may redesignate areas to 
attainment if sufficient data are available to warrant such changes and 
the area meets the criteria contained in section 107(d)(3) of the Act. 
On March 18, 1999, the State of Michigan submitted a redesignation 
request and section 175A maintenance plan for the Detroit CO 
nonattainment area. Once approved, the section 175A maintenance plan 
becomes a federally enforceable part of the SIP for the Detroit area.
    A detailed analysis of the Detroit Redesignation Request and 
section 175A Maintenance Plan SIP submittal for the Detroit area is 
contained in the EPA's Technical Support Document (TSD), dated May 26, 
1999 from John Mooney to the Docket, entitled ``Technical Review of 
Michigan's State Implementation Plan Revision for the Detroit Carbon 
Monoxide Nonattainment Area,'' which is available from the Region 5 
office listed above.

1. Background

    EPA designated the Detroit area as a CO nonattainment area under 
section 107 of the 1977 Act on March 3, 1978 (43 FR 8962). The Clean 
Air Act Amendments of 1990 (1990 Act) authorizes EPA to designate 
nonattainment areas according to degree of severity of the 
nonattainment problem. On November 6, 1991 (56 FR 56694), the EPA 
designated the Detroit area as a CO nonattainment area. At the time of 
the designation, air quality monitoring data recorded in the area did 
not show violations of the CO NAAQS, however, the State had not 
completed a redesignation request showing that it had complied with the 
requirements of section 107 of the Act. As a result, EPA designated the 
area as nonattainment, but did not establish a nonattainment 
classification. The preamble for the original designation contains more 
detail on this action (56 FR 56694).
    Since the EPA's 1991 designation, monitors in the Detroit area have 
demonstrated attainment of the CO NAAQS, except for a single violation 
of the CO standard at one monitor in the area during 1994. From 1994 to 
the present, monitors in the area have continued to show attainment. As 
a result, the area is eligible for redesignation from nonattainment to 
attainment consistent with the 1990 Act. On March 18, 1999, the State 
of Michigan submitted a SIP revision to the EPA containing the 
redesignation request and maintenance plan to ensure continued 
attainment of the CO standard for the Detroit area. The State also 
included materials from the public hearing on the request which it held 
in Detroit on February 10, 1999.

2. Evaluation Criteria

    The Amended Act revised section 107(d)(3)(E) to provide five 
specific requirements that an area must meet to be redesignated from 
nonattainment to attainment. These requirements are:
    1. The area has attained the applicable NAAQS;
    2. The area has met all relevant requirements under section 110 and 
part D of the Act;
    3. The area has a fully approved SIP under section 110(k) of the 
Act;
    4. The air quality improvement is permanent and enforceable;
    5. The area has a fully approved maintenance plan pursuant to 
section 175A of the Act.

3. Review of State Submittal

    The EPA has reviewed the Michigan redesignation request for the 
Detroit area and finds that the area meets meet the five requirements 
of section 107(d)(3)(E). EPA's Redesignation/Maintenance Plan technical 
support document (TSD) contains a more in-depth analysis of the 
submittal with respect to certain of these evaluation criteria.
a. Attainment of the CO NAAQS
    The Michigan request is based on an analysis of quality-assured CO 
air

[[Page 35018]]

quality data. Ambient air monitoring data for calendar years 1997 
through calendar year 1998 show no violations of the CO NAAQS (40 CFR 
50.8) in the Detroit area. The State collected this data in an EPA 
approved, quality assured, National Air Monitoring System monitoring 
network.
    As discussed in the State's redesignation submittal, the CO monitor 
located on Evergreen Road that recorded the 1994 CO violation has had a 
history of being vandalized. The State discontinued monitoring at the 
site after a fire at the site on December 14, 1996. The MDEQ and the 
Wayne County Department of the Environment established a new monitor at 
a nearby location on February 7, 1997. At the temporary location, there 
was a period where the environmental conditions in the monitoring shed 
exceeded EPA recommendations, requiring that the data recorded during 
that period be flagged in EPA's Aerometric Information Retrieval System 
(AIRS). Even though the data was flagged for 2 quarters, the monitor 
did not record any exceedances of the CO standard during that time. 
Further, the monitor did not record any exceedances over the next seven 
quarters, to date, when the State collected valid data at the site. The 
EPA has reviewed the State's actions to establish the new monitor, as 
well as the action to discontinue monitoring at the Evergreen Road 
monitoring site, and believes that the actions that the State took were 
appropriate. Since this was a new monitor, the lack of complete, 
quality assured data collected during the startup period for the 
monitor does not affect the area's ability to demonstrate attainment of 
the CO NAAQS. EPA sent a letter to the State noting the acceptability 
of the changes to their CO monitoring network in the area on May 11, 
1999.
    All other monitors in the Detroit nonattainment area show 
attainment of the CO NAAQS during the 1997-1998 calendar years, in 
accordance with EPA's quality assurance and data completeness 
requirements.
    As a result, the area meets the first statutory criterion for 
redesignation to attainment of the CO NAAQS. The State has committed to 
continue monitoring in this area in accordance with 40 CFR part 58. 
(If, however, complete quality assured data show violations of the CO 
NAAQS before the final EPA action on this redesignation, the EPA will 
disapprove the redesignation request).
b. Meeting Applicable Requirements of Section 110 and Part D
    On May 6, 1980 (45 FR 29801) and February 7, 1985 (50 FR 5250), EPA 
fully approved Michigan's SIP for the Detroit area as meeting the 
requirements of section 110(a)(2) and part D of the 1977 Act for CO. 
The 1990 Act, however, modified section 110(a)(2) and, under part D, 
revised section 172 and added new requirements for all nonattainment 
areas. Therefore, in addition to complying with requirements of the 
1977 Act, for purposes of redesignation, the Michigan SIP must satisfy 
all applicable requirements of section 110(a)(2) and part D added by 
the 1990 amendments. EPA has reviewed the SIP to ensure that it 
contains all measures that were due under the amended 1990 Act prior to 
or at the time Michigan submitted its redesignation request for the 
Detroit area.
i. Section 110 Requirements
    The Detroit area SIP meets the requirements of amended section 
110(a)(2). A number of the requirements did not change in substance 
and, therefore, EPA believes that the pre-amendment SIP met these 
requirements. The EPA has analyzed the Michigan SIP and determined that 
it is consistent with the requirements of amended section 110(a)(2).
ii. Part D Requirements
    Before EPA may redesignate the Detroit area to attainment, the SIP 
must have fulfilled the applicable requirements of part D. Under part 
D, an area's classification indicates the requirements to which it is 
subject. Subpart 1 of part D sets forth the basic nonattainment 
requirements applicable to all nonattainment areas, classified as well 
as nonclassifiable. Subpart 3 of part D establishes additional 
requirements for CO nonattainment areas classified under section 186 of 
the Act. As described in the ``General Preamble for the Implementation 
of Title I of the Clean Air Act Amendments of 1990,'' specific 
requirements of subpart 3 may override subpart 1's general provisions 
(57 FR 13501 (April 16, 1992)). However, as noted in the General 
Preamble, the subpart 3 requirements do not apply to ``not classified'' 
CO nonattainment areas (57 FR 13535). EPA designated the Detroit area 
as a ``not classified'' CO nonattainment area (56 FR 56694, November 6, 
1991), codified at 40 CFR 81.323. Therefore, to be redesignated to 
attainment, the State must meet the applicable requirements of subpart 
1 of part D--specifically sections 172(c) and 176, but not the 
requirements of subpart 3 of part D.
I. Subpart 1 of Part D--Section 172(c) Provisions
    Section 172(c) sets forth general requirements applicable to all 
nonattainment areas. Under 172(b), the section 172(c) requirements are 
applicable as determined by the Administrator, but no later than 3 
years from the date of the nonattainment designation. As discussed 
below, Michigan has satisfied the section 172(c) requirements.
    (A) RFP is defined as progress that a nonattainment area must make 
each year toward attainment of the NAAQS. This requirement only has 
relevance during the time it takes an area to attain the NAAQS. Because 
the Detroit area has attained the NAAQS, its SIP has already achieved 
the necessary RFP toward that goal.
    (B) In addition, because the Detroit area has attained the NAAQS 
and is no longer subject to an RFP requirement, the section 172(c)(9) 
contingency measures are not applicable unless EPA does not approve the 
redesignation request and maintenance plan. However, section 175A 
contingency measures still apply.
    (C) Similarly, once EPA redesignates an area to attainment, 
nonattainment new source review (NSR) requirements are not generally 
applicable. The area then becomes subject to prevention of significant 
deterioration (PSD) requirements instead of the NSR program (45 FR 
29790). The State has a valid program for review of new sources (45 FR 
29790, May 6, 1980). EPA delegated the PSD program to the State of 
Michigan on September 10, 1979 and amended it on November 7, 1983 and 
September 26, 1988. Moreover, the EPA believes that the applicability 
of the part C PSD program to maintenance areas makes it unnecessary for 
an area to have obtained full approval of the NSR revisions required by 
part D to be redesignated.
    (D) The State met the 172(c) requirement for an emissions inventory 
by submitting the 1990 base year emission inventory which EPA approved 
on April 7, 1995 (60 FR 12495).
    (E) No additional Reasonably Available Control Measures (RACM) 
controls beyond what may already be required in the SIP are necessary 
upon redesignation to attainment. The General Preamble (57 FR 13560, 
April 16, 1992) explains that section 172(c)(1) requires the plans for 
all nonattainment areas to provide for the implementation of all RACM 
as expeditiously as practicable. The EPA interprets this requirement to 
impose a duty on all

[[Page 35019]]

nonattainment areas to consider all available control measures and to 
adopt and implement such measures as are reasonably available for 
implementation in the area as components of the areas attainment 
demonstration. Because the area has reached attainment, no additional 
measures are needed to provide for attainment.
    (F) For purposes of redesignation, EPA reviewed the Michigan SIP to 
ensure that it satisfied all requirements of section 110(a)(2) of the 
Act, which contains general SIP elements. Title 40 CFR section 52.1172, 
states that, with several exceptions, EPA approved the Michigan SIP 
under section 110 of the Act and further found that it satisfied all 
Part D, Title I (as amended in 1977) requirements on May 6, 1980 (45 FR 
29801).
II. Subpart 1 of Part D--Section 176 Conformity Provisions
    Section 176(c) of the Act requires States to establish criteria and 
procedures to ensure that Federally supported or funded projects 
conform to the air quality planning goals in the applicable State SIP. 
The requirement to determine conformity applies to transportation 
plans, programs and projects developed, funded or approved under title 
23 U.S.C. or the Federal Transit Act (``transportation conformity''), 
as well as to all other Federally supported or funded projects 
(``general conformity''). Section 176 further provides that state 
conformity revisions must be consistent with Federal conformity 
regulations that the Act required the EPA to promulgate. EPA approved 
Michigan's general conformity rule on December 18, 1996 (61 FR 66607).
    The EPA believes it is reasonable to interpret the conformity 
requirements as not applying for purposes of evaluating the 
redesignation request under Section 107(d). The rationale for this is 
based on a combination of two factors. First, the requirement to submit 
SIP revisions to comply with the conformity provisions of the Act 
continues to apply to areas after redesignation to attainment, since 
such areas would be subject to a Section 175A maintenance plan. Second, 
EPA's Federal conformity rules require the performance of conformity 
analyses in the absence of federally approved State rules. Therefore, 
because areas are subject to the conformity requirements regardless of 
whether they are redesignated to attainment and must implement 
conformity under Federal rules if State rules are not yet approved, the 
EPA believes it is reasonable to view these requirements as not 
applying for purposes of evaluating a redesignation request. 
Consequently, EPA may approve the CO redesignation request for the 
Detroit area notwithstanding the lack of a fully approved conformity 
SIP.
    Included in the March 18, 1999 submittal is a commitment by the 
State to satisfy the applicable requirements of the final 
transportation conformity rules. This is acceptable since the 
transportation conformity rule applies to maintenance areas.
    For purposes of transportation conformity, the control measures in 
the maintenance plan establish an emissions budget. The State has 
defined this budget for year 2010 as 5,453,417 lbs. per day of CO for 
onroad mobile sources, as noted in their April 29, 1999 letter to the 
EPA. This level of emissions provides for continued maintenance of the 
CO standard.
III. Subpart 3 Requirements
    As noted in the General Preamble, the subpart 3 requirements do not 
apply to ``not classified'' CO nonattainment areas (57 FR 13535). EPA 
designated the Detroit area as a not classified CO nonattainment area 
on November 6, 1991 (56 FR 56694) codified at 40 CFR 81.323. Therefore, 
to be redesignated to attainment, the State does not have to meet the 
requirements of subpart 3 of part D.
c. Fully Approved SIP Under Section 110(k) of the Act
    As noted above, because the area is a non classified nonattainment 
area, the 1990 Act did not establish additional requirements under 
subpart 3 of the Act. Prior to the 1990 Amendments, EPA had fully 
approved the State's CO SIP. Since the area is not subject to the 
subpart 3 requirements, no additional requirements exist under section 
110(k) which the State must address prior to redesignation.
d. Improvement in Air Quality Due to Permanent and Enforceable Measures
    The State must demonstrate that the actual enforceable emission 
reductions are responsible for the recent improvement in air quality. 
The State may make this demonstration through an estimate of the 
percent reduction (from the year that it used to determine the design 
value for designation and classification) achieved through Federal 
measures such as the Federal Motor Vehicle Control Program (FMVCP) and 
fuel volatility rules, as well as other control measures that the State 
has adopted and implemented.
    The State provided a detailed discussion of the emission reductions 
of CO between 1986 and 1996 which were responsible for the improvement 
in air quality. All emission estimates were made using EPA approved 
emissions inventory techniques.
    Consistent with emission inventory guidance, the 1986 base year 
emission inventory represents 1986 average winter day actual emissions 
for the Detroit area. These 1986 base year emissions were calculated 
from a 1990 base year inventory that EPA approved on April 7, 1995 (60 
FR 12459). The State also projected the 1990 inventory to 1996, to 
determine the emission reductions during the 10-year time period. The 
State based its projections on growth factors developed by the 
Southeast Michigan Council of Governments (SEMCOG) and the Michigan 
Department of Environmental Quality (MDEQ).
    On road mobile sources represent the majority of mobile source 
emissions in the Detroit-Ann Arbor CO nonattainment area. The State 
used the Federal highway administration (FHWA) highway performance 
monitoring system (HPMS) method to develop traffic counts for 1996 
vehicle miles traveled (VMT). The VMT, adjusted for seasonal and 
temporal effects, reflects a typical winter weekday. The State 
projected the VMT for 1986 and 2010 using SEMCOG's validated travel 
model. This travel model was calibrated with HPMS VMT data. Michigan 
developed on road travel speeds for mobile sources using SEMCOG's 1992 
regional speed survey. MDEQ generated mobile source emission factors 
with EPA's MOBILE5a model. Attachment 1 of the State's submittal 
provides additional detail on significant MOBILE5a model input 
parameters and methods of mobile source emissions estimation.
    MDEQ developed 1996 non-road mobile source emissions estimates for 
aircraft and railroads. MDOT provided aircraft and railroad activity 
data for the Detroit-Ann Arbor area. MDEQ obtained aircraft and 
railroad emission factors from EPA's Procedure for Emissions Inventory 
Preparation, Volume IV: Mobile Sources. MDOT provided forecast growth 
factors for the 1986 and 2010 aircraft emissions projections. SEMCOG 
provided growth factors for 1986 and 2010 railroad emissions 
projections. MDEQ used EPA's NONROAD emissions model to estimate 1986, 
1996, and 2010 emissions for the remaining non-road sources.
    The MDEQ included actual emissions for 1996 point sources. The MDEQ 
used 1996 actual activity levels, emissions factors based on the EPA 
Factor Information Retrieval System Version 6.1B, and control 
technology effectiveness to estimate emissions. The

[[Page 35020]]

1996 emissions were adjusted to account for seasonal fluctuations. The 
MDEQ projected point source emissions for years 1986 and 2010 by 
applying energy consumption, source activity, and economic growth 
factor to the 1996 point source inventory.
    The State developed area source emissions estimates for stationary 
sources emitting less than 100 tons of CO per year and for combustion 
sources. The stationary sources include residential, commercial, and 
industrial boilers which burn fossil fuels. Combustion sources include 
open burning or incineration from forest, agriculture, or structural 
fires. MDEQ developed activity levels from State and local information. 
MDEQ used EPA's Compilation of Air Pollutant Emission Factors, Volume 
1: Point and Area Source AP42 to generate emission factors for area 
sources. The MDEQ projected area source emissions for years 1986 and 
2010 by applying energy consumption, source activity, and economic 
growth factors.
    The following tables present the CO emissions for 1986 and 1996 and 
emission reductions from 1986 to 1996. The State claimed credit for 
emission reductions achieved by implementing the federally enforceable 
FMVCP.
    As illustrated by the tables and discussed in the TSD, the total 
reductions achieved from 1986 to 1996 are 1,822,739 lbs. of CO per day.

         Table 1.--CO Emission Inventory Summary for Demonstration of Emission Reductions From 1986-1996
                                                 [lbs. per day]
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                                                                                                 Net change1986-
                            Category                                  1986            1996             1996
----------------------------------------------------------------------------------------------------------------
Point..........................................................         564,657         257,359         -307,298
Area...........................................................         248,194         259,459          +11,265
Non-Road Mobile................................................         434,619         465,913          +31,294
On-Road Mobile.................................................       7,058,000       5,500,000       -1,558,000
                                                                ------------------------------------------------
    Total......................................................       8,305,470       6,482,731       -1,822,739
Net Reduction..................................................  ..............  ..............       -1,822,739
----------------------------------------------------------------------------------------------------------------

    The State has adequately demonstrated that the improvement in air 
quality is due to permanent and enforceable emission reductions of 
1,822,739 lbs. of CO per day as a result of the federally enforceable 
FMVCP.
e. Fully Approved Maintenance Plan Under Section 175A
    Section 175A of the Act sets forth the elements of a maintenance 
plan for areas seeking redesignation from nonattainment to attainment. 
The plan must demonstrate continued attainment of the applicable NAAQS 
for at least 10 years after the EPA approves a redesignation to 
attainment. Eight years after the redesignation, the State must submit 
a revised maintenance plan which demonstrates attainment for the 10 
years following the initial 10-year period. To address potential future 
NAAQS violations, the maintenance plan must contain contingency 
measures, with a schedule for implementation adequate to assure prompt 
correction of any air quality problems.
    Section 175A(d) requires that the contingency provisions include a 
requirement that the State will implement all control measures that 
were in the SIP prior to redesignation as an attainment area. In this 
action, EPA is proposing approval of the State of Michigan's 
maintenance plan for the Detroit area because EPA finds that Michigan's 
submittal meets the requirements of section 175A.
I. Emissions Inventory--Base Year Inventory
    The State has adequately developed an attainment emission inventory 
for 1996 that identifies 6,482,731 lbs. of CO per day as the level of 
emissions in the area sufficient to attain the CO NAAQS.
    The State derived all inventories in the maintenance plan from the 
1990 base year emission inventory. The methodologies used in developing 
these inventories are discussed in section 3D of EPA's TSD and in 
further detail in Attachment 1 of the State's TSD. EPA approved the 
1990 base year emission inventory on April 7, 1995 (60 FR 12495). The 
State has adequately developed an attainment emissions inventory for 
1996 that identifies the levels of emissions as 6,482,731 lbs. of CO 
per days the level of emissions in the area sufficient to attain the 
NAAQS.
ii. Demonstration of Maintenance--Projected Inventories
    To demonstrate continued attainment, the State projected CO 
emissions through the maintenance period to the year 2010. These 
emissions are presented in Table 3 of the submittal and summarized 
below in Table 2. These projected emission inventories demonstrate that 
the CO emissions will remain below the 1996 attainment year emission 
levels. In fact, the emissions projections through the year 2010 show 
an emissions reduction of 1,679,417 lbs. of CO per day. These emission 
reductions are primarily the result of continued implementation of the 
Federally enforceable FMVCP.
    In developing the projection inventories, the State used the same 
methodologies as those employed for the other inventories contained in 
the Section A(3)(d) of today's action and in further detail in 
Attachment 1 of the State's TSD.

                   Table 2.--CO Maintenance Emission Inventory Projection Summary through 2010
                                                 [lbs. per day]
----------------------------------------------------------------------------------------------------------------
                                                                                                    Net Change
                    Category                           1986            1996            2010          1986-2010
                                                                                                     (percent)
----------------------------------------------------------------------------------------------------------------
Point...........................................         564,657         257,359         280,089           -50.4
Area............................................         248,194         259,459         279,058            10.8
Non-Road Mobile.................................         434,619         465,913         474,167             9.1

[[Page 35021]]

 
On-Road Mobile..................................       7,058,000       5,500,000       3,774,000           -46.4
                                                 ---------------------------------------------------------------
    Total.......................................       8,305,470       6,482,731       4,803,314           -42.2
----------------------------------------------------------------------------------------------------------------

    The State has adequately demonstrated continued attainment of the 
CO NAAQS through the projection of CO emissions through the 10 year 
maintenance period to 2010. These projections indicate that CO 
emissions, throughout the maintenance period, will remain well below 
the 1996 attainment inventory.
iii. Verification of Continued Attainment
(I) Ambient Air Quality Monitoring Network
    In the submittal and the State's TSD, the State commits to continue 
to operate and maintain the network of ambient CO monitoring stations 
in accordance with provisions of 40 CFR Part 58 to demonstrate ongoing 
compliance with the CO NAAQS.
(II) Tracking
    The submittal presents the tracking plan for the maintenance period 
which consists of two components: (1)continued CO monitoring and (2) an 
analysis of stationary growth factor assumptions and VMT projections in 
the year 2007. The State will continue to monitor CO levels throughout 
the Detroit area to demonstrate ongoing compliance with the CO NAAQS. 
The State also commits to checking in 2007 the stationary source growth 
factor assumptions and VMT projections used to generate the 2010 CO 
inventory to ensure that the estimates are reasonable.
(III) Triggers
    The contingency plan contains one trigger: a monitored air quality 
violation of the CO NAAQS, as defined in 40 CFR section 50.8. The 
trigger date will be the date that the State certifies to the U.S. EPA 
that the air quality data are quality assured, which will be no later 
than 30 days after monitoring an ambient air quality violation. The 
justification for providing only one trigger is that section 175A(d) 
explicitly stipulates that a contingency measure must ensure prompt 
correction of any violation of the NAAQS once the area is redesignated.
iv. Contingency Plan
    The level of CO emissions in the Detroit area will largely 
determine its ability to stay in compliance with the CO NAAQS in the 
future. Despite best efforts to demonstrate continued compliance with 
the NAAQS, the ambient air pollutant concentrations may exceed or 
violate the NAAQS. Therefore, as required by section 175A of the Act, 
Michigan has provided contingency measures with a schedule for 
implementation if a future CO air quality problem occurs. Contingency 
measures in the plan include a series of transportation control 
measures, a motor vehicle inspection and maintenance (I/M) program, and 
enforceable emission limitations on stationary sources.
    Where it must adopt and implement the contingency measures, the 
State will observe the schedules specified in the SIP. If it selects a 
transportation control measure as the contingency measure, the State 
will program it in the next annual update of the Regional 
Transportation Improvement Program for Southeast Michigan. For other 
contingency measures, selection and implementation of the measure will 
occur within twelve months of the triggering date.
v. Commitment To Submit Subsequent Maintenance Plan Revisions
    The State has committed to submit a new maintenance plan within 
eight years of the redesignation of the Detroit area as required by 
section 175(A)(b). This subsequent maintenance plan must constitute a 
SIP revision and provide for the maintenance of the CO NAAQS for a 
period of 10 years after the expiration of the initial 10 year 
maintenance period.

B. Final Action

    The EPA is approving the Detroit CO maintenance plan as a SIP 
revision meeting the requirements of section 175A. In addition, the EPA 
is approving the redesignation request for the Detroit area because the 
State has demonstrated compliance with the requirements of section 
107(d)(3)(E) for redesignation.
    Nothing in this action should be construed as establishing a 
precedent for any future request for revision to any SIP. EPA must 
evaluate each request for revision to the SIP separately in light of 
specific technical, economic, and environmental factors and in relation 
to relevant statutory and regulatory requirements.
    CO SIPs are designed to satisfy the requirements of part D of the 
Act and to provide for attainment and maintenance of the CO NAAQS. This 
redesignation should not be interpreted as authorizing the State to 
delete, alter, or rescind any of the CO emission limitations and 
restrictions in the approved CO SIP. The State cannot make changes to 
CO SIP regulations which will render them less stringent than those in 
the EPA approved plan unless it submits to EPA a revised plan for 
attainment and maintenance and EPA approves the revision. Unauthorized 
relaxations, deletions, and changes could result in both a finding of 
nonimplementation [section 173(b) of the Act] and in a SIP deficiency 
call made pursuant to section 110(a)(2)(H) of the Act.

II. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875: Enhancing Intergovernmental Partnerships

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a State, local or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the OMB a 
description of the extent of EPA's prior consultation with 
representatives of affected State, local and tribal governments, the 
nature of their concerns, copies of any written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, E.O. 12875 requires EPA to develop an 
effective process permitting elective officials and other 
representatives of

[[Page 35022]]

State, local and tribal governments ``to provide meaningful and timely 
input in the development of regulatory proposals containing significant 
unfunded mandates.'' This rule does not create a mandate on state, 
local or tribal governments. The rule does not impose any enforceable 
duties on these entities. Accordingly, the requirements of section 1(a) 
of E.O. 12875 do not apply to this rule.

C. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on these communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the OMB in a separately identified section of the 
preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, E.O. 13084 requires EPA to 
develop an effective process permitting elected and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.'' This rule 
does not significantly or uniquely affect the communities of Indian 
tribal governments. Accordingly, the requirements of section 3(b) of 
E.O. 13084 do not apply to this rule.

D. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it is does not 
involve decisions intended to mitigate environmental health or safety 
risks.

E. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 small governmental 
jurisdictions. This direct final rule will not have a significant 
impact on a substantial number of small entities because plan approvals 
under section 111(d) do not create any new requirements but simply 
approve requirements that the State is already imposing. Therefore, 
because the Federal approval does not create any new requirements, I 
certify that this action will not have a significant economic impact on 
a substantial number of small entities. Moreover, due to the nature of 
the Federal-State relationship under the Clean Air Act (Act) 
preparation of a flexibility analysis would constitute Federal inquiry 
into the economic reasonableness of a State action. The Act forbids EPA 
to base its actions on such grounds. Union Electric Co., v. U.S. EPA, 
427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

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 
annual costs to State, local, or tribal governments in the aggregate; 
or to 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 does 
not include a Federal mandate that may result in estimated annual 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 requirements. Accordingly, no additional costs to State, 
local, or tribal governments, or to the private sector, result from 
this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each house of Congress and to the Comptroller General of the United 
States.
    The EPA will submit 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 United States prior 
to the publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

H. 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 August 30, 1999.
    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 or action. The action may not be 
challenged later in proceedings to enforce its requirements. (See 
section 307(b)(2)).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Carbon Monoxide.

40 CFR Part 81

    Environmental protection, Air pollution control, Intergovernmental 
relations, Carbon Monoxide.

    Dated: June 7, 1999.
Francis X. Lyons,
Regional Administrator, Region 5.

    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:


[[Page 35023]]


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

Subpart X--Michigan

    2. Section 52.1170 is amended by adding paragraph (c)(111) to read 
as follows:


Sec. 52.1170  Identification of Plan.

* * * * *
    (c) * * *
    (111) On March 18, 1999, the State of Michigan submitted a revision 
to the Michigan State Implementation Plan for carbon monoxide 
containing a section 175A maintenance plan for the Detroit area as part 
of Michigan's request to redesignate the area from nonattainment to 
attainment for carbon monoxide. Elements of the section 175A 
maintenance plan include a base year (1996 attainment year) emission 
inventory for CO, a demonstration of maintenance of the ozone NAAQS 
with projected emission inventories to the year 2010, a plan to verify 
continued attainment, a contingency plan, and an obligation to submit a 
subsequent maintenance plan revision in 8 years as required by the 
Clean Air Act. If the area records a violation of the CO NAAQS (which 
must be confirmed by the State), Michigan will implement one or more 
appropriate contingency measure(s) which are in the contingency plan. 
The menu of contingency measures includes enforceable emission 
limitations for stationary sources, transportation control measures, or 
a vehicle inspection and maintenance program.
    2. Subpart X is amended by adding Sec. 52.1179 to read as follows:


Sec. 52.1179  Control strategy: Carbon monoxide.

    Approval--On March 18, 1999, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Detroit CO 
nonattainment area (consisting of portions of Wayne, Oakland, and 
Macomb Counties) to attainment for CO. As part of the redesignation 
request, the State submitted a maintenance plan as required by 175A of 
the Clean Air Act, as amended in 1990. Elements of the section 175A 
maintenance plan include a base year (1996 attainment year) emission 
inventory for CO, a demonstration of maintenance of the ozone NAAQS 
with projected emission inventories to the year 2010, a plan to verify 
continued attainment, a contingency plan, and an obligation to submit a 
subsequent maintenance plan revision in 8 years as required by the 
Clean Air Act. If the area records a violation of the CO NAAQS (which 
must be confirmed by the State), Michigan will implement one or more 
appropriate contingency measure(s) which are contained in the 
contingency plan. The menu of contingency measures includes enforceable 
emission limitations for stationary sources, transportation control 
measures, or a vehicle inspection and maintenance program. The 
redesignation request and maintenance plan meet the redesignation 
requirements in section 107(d)(3)(E) and 175A of the Act as amended in 
1990, respectively.

PART 81--[AMENDED]

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

    Authority: 42 U.S.C. 7401 et seq.
    2. In Sec. 81.323 the table entitled ``Michigan-carbon monoxide'' 
is amended by revising the entry for the ``Detroit Area'' to read as:


Sec. 81.323  Michigan.

* * * * *

                                            Michigan--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
                                                       Designation                       Classification
             Designated areas             ----------------------------------------------------------------------
                                               Date \1\            Type            Date \1\            Type
----------------------------------------------------------------------------------------------------------------
               DETROIT AREA
 
Areas included within the following
 (counter-clockwise):
    Lake St. Clair to 14 Mile Road to      August 30, 1999.  Attainment......
     Kelly Road, N. to 15 Mile Road to
     Hayes Road, S. to 14 Mile Road to
     Clawson City Boundary, following N.
     Clawson City boundary to N. Royal
     Oak boundary to 13 Mile Road to
     Evergreen Road to southern Beverly
     Hills City boundary to southern
     Bingham Farms City boundary to
     southern Franklin Hills City
     boundary to Inkster Road, south to
     Pennsylvania Road extending east to
     the Detroit River. Macomb County
     (part).
    Oakland County (part)................  August 30, 1999.  Attainment......
    Wayne County (part)..................  August 30, 1999.  Attainment......
                  *                  *                  *                  *                  *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *
[FR Doc. 99-16372 Filed 6-29-99; 8:45 am]
BILLING CODE 6560-50-P