[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
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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
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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]
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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
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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