[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Rules and Regulations]
[Pages 66545-66547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26957]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0467; FRL-9748-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Michigan; Determination of Attainment of the 1997 Annual Fine Particle 
Standard for the Detroit-Ann Arbor Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is making two final determinations under the Clean Air Act 
(Act) regarding the 1997 annual fine particle (PM2.5) 
nonattainment area of Detroit-Ann Arbor, Michigan (Livingston, Macomb, 
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) (Detroit-Ann 
Arbor area or area). First, EPA is determining that the Detroit-Ann 
Arbor area has attained the 1997 annual PM2.5 National 
Ambient Air Quality Standard (NAAQS). EPA made this determination of 
attainment based upon complete, quality-assured, and certified ambient 
air monitoring data for 2009-2011, showing that the area has monitored 
attainment of the 1997 annual PM2.5 NAAQS. Preliminary data 
available for 2012 indicate continued attainment. Pursuant to EPA rule, 
this determination suspends the requirements for the Detroit-Ann Arbor 
area to submit an attainment demonstration, associated reasonably 
available control measures (RACM) to include reasonably available 
control technology (RACT), a reasonable further progress (RFP) plan, 
contingency measures, and other planning State Implementation Plan 
(SIP) revisions related to attainment of the 1997 annual 
PM2.5 NAAQS so long as the area continues to attain the 
PM2.5 NAAQS. EPA is also determining, based on complete, 
quality-assured and certified monitoring data for the 2007-2010 
monitoring period, that the Detroit-Ann Arbor area had attained the 
1997 annual PM2.5 NAAQS by the its attainment date of April 
5, 2010.

DATES: Effective Date: This final rule is effective on December 6, 
2012.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R05-OAR-2012-0467. All documents in these dockets are listed 
on the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the U.S. 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 Federal 
holidays. We recommend that you telephone Carolyn Persoon at (312) 353-
8290 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-8290, [email protected].

[[Page 66546]]


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

I. What action is EPA taking?
II. What is the effect of this action?
III. Statutory and Executive Order Reviews

I. What action is EPA taking?

    In this action, EPA is making final determinations solely with 
respect to the 1997 annual PM2.5 NAAQS. First, EPA is 
finalizing its proposed determination that the Detroit-Ann Arbor area 
has attained the 1997 annual PM2.5 NAAQS, based upon 
complete, quality-assured, and certified ambient air monitoring data 
for 2009-2011. Preliminary data for 2012 indicate continued attainment. 
Second, pursuant to section 179(c) of the Act, EPA is finalizing the 
proposed determination that the Detroit-Ann Arbor area attained the 
1997 annual PM2.5 NAAQS by its attainment date, April 5, 
2010.
    On July 5, 2012 (77 FR 39659), EPA proposed these two 
determinations related to the 1997 annual PM2.5 NAAQS. A 
discussion of the rationale for these determinations and their effects 
was included in the notice of proposed rulemaking. EPA received one 
supportive comment related to these proposed determinations which can 
be found in the docket. EPA received no adverse comments addressing 
these proposed determinations for the 1997 PM2.5 NAAQS.
    In its July 5, 2012 notice, EPA also proposed to make a separate 
determination with respect to the Detroit-Ann Arbor area's attainment 
of the 24-hour 2006 PM2.5 standard. EPA is not finalizing 
its proposal with respect to the 2006 PM2.5 standard here. 
Instead, EPA intends to address the attainment status of the Detroit-
Ann Arbor area for the 2006 PM2.5 standard in a future, 
separate rulemaking action.

II. What is the effect of this action?

    Under the provisions of EPA's PM2.5 implementation rule 
(40 CFR 51.1004(c)), EPA's final determination that the area has 
attained the 1997 annual PM2.5 standard, based on the most 
recent quality-assured and certified data, suspends the requirements 
for the State of Michigan to submit for the Detroit Ann-Arbor area an 
attainment demonstration and associated RACM (including RACT), a RFP 
plan, contingency measures, and any other planning SIPs related to 
attainment of the 1997 PM2.5 NAAQS for so long as the area 
continues to attain the 1997 annual PM2.5 NAAQS. If EPA 
subsequently determines, after notice and comment rulemaking, that this 
area violates the 1997 annual PM2.5 NAAQS, the basis for the 
suspension of the specific requirements, set forth at 40 CFR 
51.1004(c), would no longer exist and the area would thereafter have to 
address the pertinent requirements.
    This action does not constitute a redesignation of the Detroit Ann-
Arbor area to attainment of the 1997 annual PM2.5 NAAQS 
under section 107(d)(3) of the Act. Further, this action is not an EPA 
approval of a maintenance plan for the area as required under section 
175A of the Act, nor a finding that the area has met all other 
requirements for redesignation. Even after a determination of 
attainment by EPA, the designation status of the Detroit Ann-Arbor area 
remains nonattainment for the 1997 annual PM2.5 NAAQS until 
such time as EPA determines that the area meets the Act requirements 
for redesignation to attainment and takes action to redesignate the 
Detroit Ann-Arbor area.
    Pursuant to section 179(c)(1) of the Act, EPA is also determining 
that the Detroit-Ann Arbor area attained the 1997 annual 
PM2.5 NAAQS by its attainment date of April 5, 2010. In 
finalizing this action, EPA has satisfied its obligation under section 
179(c).

III. Statutory and Executive Order Reviews

    This final action makes attainment determinations of the Detroit 
area's attainment of the 1997 PM2.5 NAAQS based on air 
quality data and results in the suspension of certain Federal 
requirements and does not impose any additional requirements. For that 
reason, this final action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is 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.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is 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 Act; and
     Does 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, these 1997 PM2.5 NAAQS attainment 
determinations do not have Tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP 
is not approved to apply in Indian country located in the State, and 
EPA notes that it will not impose substantial direct costs on Tribal 
governments or preempt Tribal law.
    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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 7, 2013. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Particulate matter, Reporting and recordkeeping 
requirements.


[[Page 66547]]


    Dated: October 19, 2012.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. Section 52.1173 is amended by adding paragraphs (h) and (i) to read 
as follows:


Sec.  52.1173  Control strategy: Particulates.

* * * * *
    (h) Determination of Attainment. EPA has determined, as of November 
6, 2012, that based on 2009-2011 ambient air quality data, the Detroit-
Ann Arbor nonattainment area has attained the 1997 annual 
PM2.5 NAAQS. This determination, in accordance with 40 CFR 
51.1004(c), suspends the requirements for this area to submit an 
attainment demonstration, associated reasonably available control 
measures, a reasonable further progress plan, contingency measures, and 
other planning SIPs related to attainment of the standard for as long 
as this area continues to meet the 1997 annual PM2.5 NAAQS.
    (i) Pursuant to Clean Air Act section 179(c), EPA has determined 
that the Detroit-Ann Arbor area attained the annual 1997 
PM2.5 NAAQS by the applicable attainment date, April 5, 
2010.

[FR Doc. 2012-26957 Filed 11-5-12; 8:45 am]
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