[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Rules and Regulations]
[Pages 66547-66548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26962]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2008-0520; FRL 9748-9]


Approval and Promulgation of Implementation Plans; Michigan; 
Detroit-Ann Arbor Nonattainment Area; Fine Particulate Matter 2005 Base 
Year Emissions Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving the fine particulate matter 
(PM2.5) 2005 base year emissions inventory, a portion of the 
State Implementation Plan (SIP) revision submitted by the Michigan 
Department of Environmental Quality (MDEQ) on June 13, 2008. The 
emissions inventory is part of Michigan's SIP revision that was 
submitted to meet the nonattainment requirements related to the state's 
Detroit-Ann Arbor (Livingston, Macomb, Monroe, Oakland, St. Clair, 
Washtenaw, and Wayne Counties) nonattainment area for the 1997 annual 
PM2.5 national ambient air quality standards (NAAQS). This 
action is being taken pursuant to sections 110 and 172 of the Clean Air 
Act (CAA).

DATES: 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-2008-0520. 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].

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

I. What action is EPA taking?
II. Final Action
III. Statutory and Executive Order Reviews

I. What action is EPA taking?

    On August 1, 2012 (77 FR 45532), EPA published a proposed 
rulemaking to approve Michigan's PM2.5 2005 base year 
emissions inventory for the Detroit-Ann Arbor area. EPA did not receive 
any comments, adverse or otherwise, on the August 1, 2012, proposed 
rulemaking. Pursuant to section 110 and 172 of the CAA, EPA is now 
taking final action to approve the Detroit-Ann Arbor area 
PM2.5 2005 base year emissions inventory as provided in 
EPA's August 1, 2012, proposed rulemaking. A summary of the background 
for today's final action is provided below. For more detail, please 
refer to EPA's proposed rulemaking at 77 FR 45532.
    Section 172(c)(3) of the CAA requires areas to submit a 
comprehensive, accurate, and current inventory from all sources of 
actual emissions of the relevant pollutant or pollutants in such area. 
Michigan selected 2005 as the base year for the emissions inventory per 
40 CFR 51.1008(b). Emissions contained in Michigan's SIP revision 
covered the general source categories of point sources, non-road mobile 
sources, area sources, marine, aircraft and rail, and on-road mobile 
sources. A detailed discussion of the emissions inventory and its 
development can be found in the August 1, 2012, proposal. EPA has 
reviewed Michigan's Detroit-Ann Arbor PM2.5 2005 base year 
emissions inventory and has determined that it is adequate for the 
purposes of meeting the section 172(c)(3) emissions inventory 
requirement. Further, EPA has made the determination that the emissions 
were developed consistent with the CAA, implementing regulations, and 
EPA guidance for emission inventories.

II. Final Action

    EPA is taking final action to approve the PM2.5 2005 
base year emissions inventory portion of the SIP revision submitted by 
MDEQ on June 13, 2008, consistent with sections 110 and 172 of the CAA.

III. Statutory and Executive Order Reviews

    Under the CAA, 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. Accordingly, this 
final action merely approves state law as meeting Federal requirements 
and does not impose additional requirements beyond those imposed by 
state law. 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

[[Page 66548]]

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 CAA; 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, this rule does 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 CAA, 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.

    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. In Sec.  52.1170 the table in paragraph (e) is amended by adding a 
new entry for ``1997 Annual Fine Particulate Matter 2005 Base Year 
Emissions Inventory'' at the end of the table to read as follows:


Sec.  52.1170  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
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                                        Applicable          State
    Name of nonregulatory SIP          geographic or      submittal     EPA approval date         Comments
            provision               nonattainment area       date
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                                                  * * * * * * *
1997 Annual Fine Particulate       Detroit-Ann Arbor         6/13/08  11/6/12 [INSERT       ....................
 Matter 2005 Base Year Emissions    area (Livingston,                  CITATION OF
 Inventory.                         Macomb, Monroe,                    PUBLICATION].
                                    Oakland, St. Clair,
                                    Washtenaw, and
                                    Wayne Counties).
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[FR Doc. 2012-26962 Filed 11-5-12; 8:45 am]
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