[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Rules and Regulations]
[Pages 58312-58315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23708]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2010-0477; FRL-9204-5]


Approval and Promulgation of Implementation Plans and Designation 
of Areas for Air Quality Planning Purposes; Michigan; Redesignation of 
the Allegan County Areas to Attainment for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving Michigan's request to redesignate the Allegan 
County, Michigan nonattainment area to attainment for the 1997 8-hour 
ozone standard because the request meets the statutory requirements for 
redesignation under the Clean Air Act (CAA). The Michigan Department of 
Natural Resources and Environment (MDNRE) submitted this request on May 
12, 2010, and supplemented it on June 16, 2010.
    This approval involves several related actions. EPA is making a 
determination under the CAA that the Allegan County area has attained 
the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). 
This determination is based on three years of complete, quality-assured 
and certified ambient air quality monitoring data for the 2007-2009 
ozone seasons that demonstrate that the 8-hour ozone NAAQS has been 
attained in the area. Preliminary data available for 2010 is consistent 
with continued attainment. EPA is also approving, as a revision to the 
Michigan State Implementation Plan (SIP), the State's plan for 
maintaining the 8-hour ozone NAAQS through 2021 in the area. EPA is 
approving the 2005 emissions inventory submitted with the redesignation 
request as meeting the comprehensive emissions inventory requirement of 
the CAA for the Allegan County area. Finally, EPA found adequate and is 
approving the State's 2021 Motor Vehicle Emission Budgets (MVEBs) for 
the Allegan County area.

DATES: This final rule is effective September 24, 2010.

ADDRESSES: EPA has established a docket for this action: Docket ID No. 
EPA-R05-OAR-2010-0477. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is 
open from

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8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal 
holidays. We recommend that you telephone Kathleen D'Agostino, 
Environmental Engineer, at (312) 886-1767 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Attainment Planning and Maintenance Section, Air Programs 
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

Table of Contents

I. What is the background for these actions?
II. What comments did we receive on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.

I. What is the background for these actions?

    The background for today's actions is discussed in detail in EPA's 
July 20, 2010, proposal (75 FR 42018). In that rulemaking, we noted 
that, under EPA regulations at 40 CFR part 50, the 8-hour ozone 
standard is attained when the three-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations is less than 
or equal to 0.08 ppm. (See 69 FR 23857 (April 30, 2004) for further 
information.) Under the CAA, EPA may redesignate nonattainment areas to 
attainment if sufficient complete, quality-assured data are available 
to determine that the area has attained the standard and if it meets 
the other CAA redesignation requirements in section 107(d)(3)(E).
    The MDNRE submitted a request to redesignate the Allegan County 
area to attainment for the 1997 8-hour ozone standard on May 12, 2010, 
and supplemented it on June 16, 2010. The redesignation request is 
based on three years of complete, quality-assured, certified data for 
the period of 2007 through 2009, indicating the 8-hour NAAQS for ozone, 
as promulgated in 1997, has been attained in the Allegan County area. 
Preliminary monitoring data available for 2010 is consistent with 
continued attainment. The July 20, 2010, proposed rule provides a 
detailed discussion of how Michigan met this and other CAA 
requirements.

II. What comments did we receive on the proposed rule?

    EPA provided a 30-day review and comment period. The comment period 
closed on August 19, 2010. EPA received comments in support of the 
redesignation from Consumers Energy. EPA received no adverse comments 
on the proposed rule.

III. What action is EPA taking?

    EPA is making a determination that the Allegan County area has 
attained the 1997 8-hour ozone NAAQS. EPA is also approving the 
maintenance plan SIP revisions for the Allegan County area. EPA's 
approval of the maintenance plan is based on the State's demonstration 
that the plan meets the requirements of section 175A of the CAA. After 
evaluating the redesignation requests submitted by MDNRE, EPA believes 
that the request meets the redesignation criteria set forth in section 
107(d)(3)(E) of the CAA. Therefore, EPA is approving the redesignation 
of the Allegan County area from nonattainment to attainment for the 
1997 8-hour ozone NAAQS. EPA is also approving MDNRE's 2005 base year 
emissions inventory for the Allegan County area as meeting the 
requirements of section 172(c)(3) of the CAA. Finally, EPA has found 
adequate and is approving Michigan's 2021 MVEBs for the Allegan County 
area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action to become effective immediately upon publication. This 
is because a delayed effective date is unnecessary due to the nature of 
a redesignation to attainment, which relieves the area from certain CAA 
requirements that would otherwise apply to it. The immediate effective 
date for this action is authorized under both 5 U.S.C. 553(d)(1), which 
provides that rulemaking actions may become effective less than 30 days 
after publication if the rule ``grants or recognizes an exemption or 
relieves a restriction,'' and section 553(d)(3), which allows an 
effective date less than 30 days after publication ``as otherwise 
provided by the agency for good cause found and published with the 
rule.'' The purpose of the 30-day waiting period prescribed in section 
553(d) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. Today's rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, today's rule relieves the state of various requirements 
for this 8-hour ozone nonattainment area. For these reasons, EPA finds 
good cause under 5 U.S.C. 553(d)(3) for this action to become effective 
on the date of publication of this action.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by state law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the CAA. 
These actions do not impose additional requirements beyond those 
imposed by state law and the CAA. For that reason, these actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and

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     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because redesignation is an action that affects the status of a 
geographical area and does not impose any new regulatory requirements 
on the tribes, impact any existing sources of air pollution on tribal 
lands, nor impair the maintenance of ozone NAAQS in tribal lands. 
However, because there are tribal lands located in Allegan County, we 
provided the affected tribe with the opportunity to consult with EPA on 
the redesignation. The affected tribe raised no concerns with the 
proposed rule.
    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. EPA will submit a report containing this action 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 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 action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 23, 2010. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

40 CFR Part 81

    Air pollution control, Environmental protection, National parks, 
Wilderness areas.

    Dated: September 11, 2010.
Susan Hedman,
Regional Administrator, Region 5.

0
Parts 52 and 81, 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 52.1174 is amended by adding paragraphs (aa) and (bb) to 
read as follows:


Sec.  52.1174  Control strategy: Ozone.

* * * * *
    (aa) Approval--On May 12, 2010, Michigan submitted 2005 VOC and 
NOX base year emissions inventories for the Allegan County 
area. Michigan's 2005 inventories satisfy the base year emissions 
inventory requirements of section 172(c)(3) of the Clean Air Act for 
the Allegan County area under the 1997 8-hour ozone standard.
    (bb) Approval--Michigan submitted a request to redesignate the 
Allegan County area to attainment of the 1997 8-hour ozone standard on 
May 12, 2010, and supplemented the submittal on June 16, 2010. As part 
of the redesignation request, the State submitted a maintenance plan as 
required by section 175A of the Clean Air Act. Elements of the section 
175 maintenance plan include a contingency plan and an obligation to 
submit a subsequent maintenance plan revision in 8 years as required by 
the Clean Air Act. The ozone maintenance plan also establishes 2021 
Motor Vehicle Emission Budgets (MVEBs) for the area. The 2021 MVEBs for 
the Allegan County area is 3.93 tons per day (tpd) for VOC and 6.92 tpd 
for NOX.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

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

0
2. Section 81.323 is amended by revising the entry for Allegan Co., MI 
in the table entitled ``Michigan-Ozone (8-Hour Standard)'' to read as 
follows:


Sec.  81.323  Michigan.

* * * * *

                                        Michigan--Ozone (8-Hour standard)
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                                              Designation \a\                         Classification
         Designated area         -------------------------------------------------------------------------------
                                       Date \1\              Type              Date \1\              Type
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                                                  * * * * * * *
Allegan County, MI:
    Allegan County..............  September 24, 2010  Attainment........
 
                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.


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[FR Doc. 2010-23708 Filed 9-23-10; 8:45 am]
BILLING CODE 6560-50-P