[Federal Register Volume 70, Number 18 (Friday, January 28, 2005)]
[Rules and Regulations]
[Pages 4019-4023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1633]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R05-OAR-2004-MI-0003; FRL-7865-2]


Approval and Promulgation of Maintenance Plan Revisions; Michigan

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
December 19, 2003 request from Michigan for a State Implementation Plan 
(SIP) revision of the Southeast Michigan carbon monoxide (CO) 
maintenance plan. The CO maintenance plan revision establishes a new 
on-road emissions inventory for the years 1996 and 2010. The revision 
also establishes a new transportation conformity motor vehicle 
emissions budget (MVEB) for the year 2010. The emission inventory and 
MVEB updates are designed to maintain the National Ambient Air Quality 
Standards (NAAQS) for CO as required by the Clean Air Act (CAA).

DATES: This rule is effective on March 29, 2005, unless EPA receives 
adverse written comments by February 28, 2005. If EPA receives adverse 
comments, EPA will publish a timely withdrawal of the rule in the 
Federal Register and inform the public that the rule will not take 
effect.

ADDRESSES: Submit comments, identified by Regional Material in EDocket 
(RME) ID No. R05-OAR-2004-MI-0003, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: http://docket.epa.gov/rmepub/. Regional RME, EPA's 
electronic public docket and comments system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    E-mail: [email protected].
    Fax: (312)886-5824.
    Mail: You may send written comments to: John M. Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Hand delivery: Deliver your comments to: John M. Mooney, Chief, 
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, 
Illinois 60604. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. 
excluding Federal holidays.
    Instructions: Direct your comments to RME ID No. R05-OAR-2004-MI-
0003. EPA's policy is that all comments received will be included in 
the public docket without change, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME Web site and the federal regulations.gov Web 
site are ``anonymous access'' systems, which means EPA will not know 
your identity

[[Page 4020]]

or contact information unless you provide it in the body of your 
comment. If you send an e-mail comment directly to EPA without going 
through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional instructions on submitting 
comments, see ``How and to whom do I submit comments?'' of the 
SUPPLEMENTARY INFORMATION section of this rule.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
This Facility is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. Please contact Anthony Maietta at 
(312) 353-8777 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Anthony J. Maietta, Life Scientist, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8777, [email protected].

SUPPLEMENTARY INFORMATION: This SUPPLEMENTARY INFORMATION section is 
arranged as follows:

I. General Information
    A. Does This Action Apply to Me?
    B. How Can I Get Copies of This Document and Other Related 
Information?
    C. How and to Whom Do I Submit Comments?
II. What Action Is EPA Taking Today?
III. Did the State Properly Approve the Underlying State Rule?
IV. What Is Transportation Conformity?
V. What Is an On-Road Emissions Inventory?
VI. What Is an Emissions Budget?
VII. How Does This Action Change the Southeast Michigan CO 
Maintenance Plan?
VIII. Why Is This Request Approvable?
IX. Statutory and Executive Order Reviews

I. General Information

A. Does This Action Apply to Me?

    Approval of the requested revision will mainly affect the entities 
responsible for transportation planning in the Southeast Michigan CO 
maintenance area. Those entities include, but are not limited to, the 
Southeast Michigan Council of Governments (SEMCOG), and the Michigan 
Department of Transportation. This action is approving non-regulatory 
changes to the state's CO maintenance plan.

B. How Can I Get Copies of This Document and Other Related Information?

    The Regional Office has established an electronic public rulemaking 
file available for inspection at RME under RME ID No. R05-OAR-2004-MI-
0003, and a hard copy file which is available for inspection at the 
Regional Office. The official public file consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public rulemaking file does not include CBI or 
other information whose disclosure is restricted by statute. The 
official public rulemaking file is the collection of materials that is 
available for public viewing at the Air Programs Branch, Air and 
Radiation Division, EPA Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. EPA requests that, if at all possible, you contact the 
person listed in the FOR FURTHER INFORMATION CONTACT section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding 
Federal holidays.
    Electronic Access. You may access this Federal Register document 
electronically through the regulations.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and that are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking Region 5 Air Docket R05-OAR-
2004-MI-0003'' in the subject line on the first page of your comment. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    For detailed instructions on submitting public comments and on what 
to consider as you prepare your comments see the ADDRESSES section and 
the section I(B) of the SUPPLEMENTARY INFORMATION section of the 
related proposed rule which is published in the Proposed Rules section 
of this Federal Register.

II. What Action Is EPA Taking Today?

    EPA is approving a December 19, 2003 request from the State of 
Michigan to revise the Southeast Michigan CO maintenance plan. The 
Southeast Michigan CO maintenance area consists of portions of Oakland, 
Macomb, and Wayne Counties. EPA designated Southeast Michigan as 
attainment in a June 30, 1999 Federal Register notice (64 FR 35017). At 
that time, an on-road CO emissions inventory was created for Southeast 
Michigan for the years 1996 and 2010. A 2010 MVEB was also created at 
that time. As a result of today's action, the 1996 base year on-road 
emissions inventory, forecast year, 2010, emissions inventory, and the 
2010 MVEB will be updated to meet EPA's requirement to use the Mobile6 
emissions factor model to determine mobile source emissions and 
conformity to the CO maintenance SIP. EPA required use of the Mobile6 
model as of January 29, 2004. By approving the revision, EPA ensures 
that future emission forecasts for conformity

[[Page 4021]]

analyses in the Southeast Michigan CO maintenance area will be compared 
to budgets that are based on similar inputs and the same version of the 
Mobile model.
    EPA is publishing this action without prior proposal because we 
view this as a noncontroversial SIP revision and anticipate no adverse 
comments. However, in the proposed rules of this Federal Register 
publication, we are publishing a separate document that will serve as 
the proposal to approve the state plan revision if we receive relevant 
adverse comments and, therefore, withdraw this direct final rule. This 
rule will be effective March 29, 2005 without further notice unless we 
receive relevant adverse comments by February 28, 2005. If we receive 
such comments, we will withdraw this action before the effective date 
by publishing a document withdrawing the direct final approval action. 
EPA will not provide a second comment period on this action. Any person 
interested in commenting on this action should do so at this time.

III. Did the State Properly Approve the Underlying State Rule?

    On December 19, 2003, Michigan submitted to EPA for approval, a SIP 
revision for the Southeast Michigan CO maintenance area. The Michigan 
Department of Environmental Quality (MDEQ) held a public hearing on the 
matter on September 9, 2003. Four people attended the hearing. MDEQ did 
not receive any comments on the proposed revision.
    In the submittal, the State requests that the 1996 base year on-
road CO emissions inventory be changed to 3,866.2 tons/day, and that 
the 2010 MVEB be changed to 3,842.7 tons/day. The State also added the 
forecast year 2010 emissions inventory of 1,942.5 tons/day. The MVEB, 
which is partly determined by using the base year on-road emissions 
inventory, is used for purposes of transportation conformity.

IV. What Is Transportation Conformity?

    Transportation conformity is a mechanism for determining the amount 
of emissions created by a transportation project, plan, or program in a 
nonattainment or maintenance area, making sure that such emissions do 
not cause or contribute to violations of the NAAQS, or impede the rate 
of progress toward attaining or maintaining the NAAQS. Because the SIP 
contains measures that will help an area attain or maintain the NAAQS, 
transportation activities must ``conform'' to the goals outlined in the 
SIP. On November 24, 1993, EPA published a final rule establishing 
criteria and procedures for determining whether transportation plans, 
programs and projects funded or approved under Title 23 of the United 
States Code or the Federal Transit Act conform to the SIPs.
    The transportation conformity rules require a CO maintenance area, 
like Southeast Michigan, to compare the actual projected emissions from 
cars, trucks and buses on the highway network, to the MVEB established 
by a maintenance plan. The Southeast Michigan area has an approved CO 
maintenance plan (see 64 FR 35017). Our approval of the original 
maintenance plan established the Southeast Michigan MVEB for 
transportation conformity purposes. At the time of approval, Mobile5 
was the required computer model for estimating the amount of on-road 
emissions in an area. As of January 29, 2004, Mobile6 is the required 
model for estimating on-road emissions. By taking into account revised 
techniques for estimating motor vehicle emissions, Mobile6 provides a 
more accurate estimate of emissions than Mobile5.

V. What Is an On-Road Emissions Inventory?

    General SIP provisions for nonattainment areas call for an 
inventory of all known emissions sources in that area to determine 
where emissions come from, and to provide a tool for evaluating 
potential emission control strategies. In a maintenance area, the 
emissions inventory shows the amount of a pollutant, in this case, CO, 
that an area can emit while still maintaining the CO air quality 
standards. Emissions from point, area, and mobile sources are estimated 
as part of this process. Forecasts of emissions in future years can 
then be calculated. These forecasts take into account emissions 
reductions from federal and state measures, as well as growth in 
emissions resulting from population growth and economic development. 
For purposes of transportation conformity, the emissions inventory and 
emissions forecast are used to determine the amount of on-road mobile 
source emissions an area can emit while still maintaining the NAAQS for 
that pollutant.
    In the original CO maintenance plan, an emissions inventory was 
calculated for the base year 1986 and a forecast year of 1996. Point, 
area, off-road, and on-road sources were estimated. The on-road 
portions of the original inventory and forecast were created using the 
Mobile5 model. Michigan updated the on-road emissions inventory and 
forecast year inventory in June 1999. In the current submittal, Mobile6 
is used to determine the on-road portions of the inventory and 
forecast. EPA policy requires this switch as of January 29, 2004 
because EPA believes that the Mobile6 model more accurately predicts 
emissions levels. The State's action is simply an update of its 
original estimates of the on-road portion of the 1996 base year 
emissions inventory, using the newer model. The following Table shows 
the revised CO emissions inventory and forecast for Southeast Michigan.

                               Table 1.--Southeast Michigan CO Emissions Inventory
                                                   [Tons/day]
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                                                                                                       Percent
                         Source type                              1996         2010      1996-2010   change 1996-
                                                                                           change        2010
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Point.......................................................        128.7        140.0         11.3          8.8
Area........................................................        129.7        137.6          7.9          6.0
Off-road Mobile.............................................        233.0        237.1          4.1          1.8
On-road Mobile..............................................      3,866.2       1942.5      -1923.7        -49.8
                                                             --------------
    Total...................................................      4,357.6       2457.2      -1900.4        -43.6
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[[Page 4022]]

VI. What Is an Emissions Budget?

    A motor vehicle emissions budget (also known as a conformity 
budget) is the projected level of controlled emissions from the 
transportation sector (on-road mobile sources) that is estimated in the 
SIP. The SIP includes emissions control programs at the state and 
federal level, examples include requirements on motor vehicle fuels and 
exhaust standards for cars and trucks. The emissions budget concept is 
further explained in the preamble to the November 24, 1993, 
transportation conformity rule (58 FR 62188). The preamble also 
describes how to establish the MVEB in the SIP and how to revise the 
emissions budget. The transportation conformity rule provides for 
updates to the MVEB, and the revised MVEB is acceptable so long as the 
level of projected emissions from all sources (point, mobile, and area) 
remains at or below the level necessary to attain the NAAQS. Because 
that level of projected emissions will change as a result of today's 
actions, a new MVEB must be created. The following Table contains the 
new MVEB for Southeast Michigan.

  Table 2.--2010 CO Motor Vehicle Emissions Budget (MVEB) for Southeast
                                Michigan
                               [Tons/day]
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Total reductions from 1996 to 2010.........................      1,900.4
2010 On-road Mobile Source Emissions.......................      1,942.5
                                                            ------------
    Total..................................................      3,842.9
------------------------------------------------------------------------

VII. How Does This Action Change the Southeast Michigan CO Maintenance 
Plan?

    When the budget was reassessed using Mobile6, the on-road CO 
estimates increased from earlier estimates. However, it is important to 
note that there is no actual increase of CO emissions in Southeast 
Michigan. The perceived increase is caused by changes in the estimation 
techniques, not by relaxation of control requirements.

VIII. Why Is This Request Approvable?

    As noted above, the State's submittal is consistent with EPA 
policies and requirements, and is therefore approvable. EPA believes 
the revised emissions inventory and MVEB budgets are adequate for 
conformity purposes and are approvable as part of the maintenance plan.

IX. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' this action 
is also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state regulations as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state regulations. Accordingly, the Administrator certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13175 Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (59 
FR 22951, November 9, 2000).

Executive Order 13132 Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely approves a state rule implementing a 
federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the Clean Air 
Act.

Executive Order 13045 Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.

National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTA), 15 U.S.C. 272, requires federal agencies to use 
technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impracticable. In 
reviewing program submissions, EPA's role is to approve State choices, 
provided that they meet the criteria of the Act. Absent a prior 
existing requirement for the state to use voluntary consensus 
standards, EPA has no authority to disapprove a program submission for 
failure to use such standards, and it would thus be inconsistent with 
applicable law for EPA to use voluntary consensus standards in place of 
a program submission that otherwise satisfies the provisions of the 
Act. Therefore, the requirements of section 12(d) of the NTTA do not 
apply.

Civil Justice Reform

    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this rule, EPA has taken the necessary 
steps to eliminate drafting errors and ambiguity, minimize potential 
litigation, and provide a clear legal standard for affected conduct.

Governmental Interference With Constitutionally Protected Property 
Rights

    EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 
1988) by examining the takings implications of the rule in accordance 
with the ``Attorney General's Supplemental Guidelines for the 
Evaluation of Risk and Avoidance of Unanticipated Takings'' issued 
under the executive order, and has determined

[[Page 4023]]

that the rule's requirements do not constitute a taking.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Congressional Review Act

    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 the Congress and to the Comptroller General of the 
United States. Section 804 exempts from section 801 the following types 
of rules: (1) Rules of particular applicability; (2) rules relating to 
agency management or personnel; and (3) rules of agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required 
to submit a rule report regarding this action under section 801 because 
this is a rule of particular applicability. Under section 307(b)(1) of 
the Clean Air Act, petitions for judicial review of this action must be 
filed in the United States Court of Appeals for the appropriate circuit 
by June 15, 2004. 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, Carbon monoxide, 
Intergovernmental relations.

    Dated: January 14, 2005.
Norman Neidergang,
Acting Regional Administrator, Region 5.


0
Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart X--Michigan

0
2. Section 52.1179 is revised to read as follows:


Sec.  52.1179  Control strategy: Carbon monoxide.

    (a) 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 sections 107(d)(3)(E) and 175A of the Act as amended in 
1990.
    (b) Approval--On December 19, 2003, Michigan submitted a request to 
revise its plan for the Southeast Michigan CO maintenance area 
(consisting of portions of Wayne, Oakland and Macomb Counties). The 
submittal contains updated emission inventories for 1996 and 2010, and 
an update to the 2010 motor vehicle emissions budget (MVEB). The 2010 
MVEB is 3,842.9 tons of CO per day.

[FR Doc. 05-1633 Filed 1-27-05; 8:45 am]
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