[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53272-53275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21020]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2011-0673; FRL-9900-49-Region5]


Approval and Promulgation of Air Quality Implementation Plans; 
Michigan; Redesignation of the Detroit-Ann Arbor Area to Attainment of 
the 1997 Annual Standard and the 2006 24-Hour Standard for Fine 
Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving, under the Clean Air Act (CAA), the state of 
Michigan's request to redesignate the Detroit-Ann Arbor nonattainment 
area (Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and 
Wayne Counties) to attainment for the 1997 annual and 2006 24-hour 
national ambient air quality standards (NAAQS or standard) for fine 
particulate matter (PM2.5). On July 5, 2011, the Michigan 
Department of Environmental Quality (MDEQ) submitted a request for EPA 
to redesignate the Detroit-Ann Arbor Michigan nonattainment area. EPA 
determined that the Detroit-Ann Arbor area has attained the 1997 annual 
and 2006 24-hour PM2.5 standard, and proposed on July 2, 
2013, to approve Michigan's request to redesignate the area. EPA is 
taking final action today on that proposal. EPA also is taking final 
action in this rulemaking on several related proposals. EPA is 
approving, as a revision to the Michigan state implementation plan 
(SIP), the state's plan for maintaining the 1997 annual and 2006 24-
hour PM2.5 NAAQS in the area through 2023. Finally, EPA 
finds adequate and is approving Michigan's nitrogen oxides 
(NOX) and PM2.5 Motor Vehicle Emission Budgets 
(MVEBs) for 2023 for the Detroit-Ann Arbor area. EPA, therefore, grants 
Michigan's request to redesignate the Detroit-Ann Arbor area to 
attainment for the 1997 annual and 2006 24-hour PM2.5 
standards.

DATES: Effective Date: This rule will be effective August 29, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification EPA-R05-OAR-2011-0673. 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 is the background for the actions?
II. What actions is EPA taking?
III. What is EPA's response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What is the background for the actions?

    On July 5, 2011, MDEQ submitted its request to redesignate the 
Detroit-Ann Arbor nonattainment area to attainment for the 1997 annual 
and 2006 24-hour PM2.5 NAAQS, and for EPA approval of the 
state's SIP revision containing a maintenance plan for the area. On 
July 2, 2013, (78 FR 39654), EPA proposed approval of Michigan's 
redesignation request and plan for maintaining the 1997 annual and 2006 
24-hour PM2.5 NAAQS. EPA also proposed approval of 
Michigan's MVEBs for PM2.5 and NOX for 2023 for 
the area. Additional background for today's action is set forth in 
EPA's July 2, 2013, proposed rulemaking.

II. What actions is EPA taking?

    EPA has determined that the entire Detroit-Ann Arbor area is 
attaining the 1997 annual and 2006 24-hour PM2.5 standards 
(78 FR 39654) and that the Detroit-Ann Arbor area has met the 
requirements for redesignation under section 107(d)(3)(E) of the CAA. 
Thus, EPA is approving the requests from the state of Michigan to 
change the legal designation of the Detroit-Ann Arbor area from 
nonattainment to attainment for the 1997 annual and 2006 24-hour 
PM2.5 NAAQS. EPA is also taking several additional actions 
related to Michigan's PM2.5 redesignation requests, as 
discussed below.
    EPA is approving Michigan's PM2.5 maintenance plan for 
the Detroit-Ann Arbor area as a revision to the Michigan SIP (such 
approval being one of the CAA criteria for redesignation to attainment 
status). The maintenance plan is designed to keep the Detroit-Ann Arbor 
area in attainment of the 1997 annual and 2006 24-hour PM2.5 
NAAQS through 2023.
    EPA also finds adequate and is approving Michigan's 2023 primary 
PM2.5 and NOX MVEBs for the Detroit-Ann Arbor 
area. These MVEBs will be

[[Page 53273]]

used in future transportation conformity analyses for the area.

III. What is EPA's response to comments?

    EPA received two sets of supportive comments on its proposed 
rulemaking which have been added to the docket.

IV. Why is EPA taking these actions?

    EPA has determined that the Detroit-Ann Arbor area has attained the 
1997 annual and 2006 24-hour PM2.5 NAAQS. EPA has also 
determined that all other criteria have been met for the redesignation 
of the Detroit-Ann Arbor area from nonattainment to attainment of the 
1997 annual and 2006 24-hour PM2.5 NAAQS and for approval of 
Michigan's maintenance plan for the area. See CAA sections 107(d)(3)(E) 
and 175A. The detailed rationale for EPA's findings and actions is set 
forth in the proposed rulemaking of July 2, 2013 (78 FR 39654).

V. Final Action

    EPA is determining that the Detroit-Ann Arbor area has attained the 
standards and that the area meets the requirements for redesignation to 
attainment of that standard under sections 107(d)(3)(E) and 175A of the 
CAA. Thus, EPA is granting the request from Michigan to change the 
legal designation of the Detroit-Ann Arbor area from nonattainment to 
attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS. 
EPA is also approving Michigan's 1997 annual and 2006 24-hour 
PM2.5 maintenance plan for the Detroit-Ann Arbor area as a 
revision to the SIP because the plan meets the requirements of section 
175A of the CAA. Finally, EPA finds adequate and is approving 
Michigan's 2023 primary PM2.5 and NOX MVEBs for 
the Detroit-Ann Arbor area. These MVEBs will be used in future 
transportation conformity analyses for the area after the effective 
date for the adequacy finding and approval.
    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 Michigan of various requirements 
for the Detroit-Ann Arbor 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.

VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of the maintenance plan under CAA section 
107(d)(3)(E) are actions that affect the status of geographical area 
and do not impose any additional regulatory requirements on sources 
beyond those required by state law. A redesignation to attainment does 
not in and of itself impose any new requirements, but rather results in 
the application 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 Act 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 action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For these reasons, this 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 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 final 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 Commonwealth, 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 October 28, 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

[[Page 53274]]

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, Particulate matter.

40 CFR Part 81

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

    Dated: August 15, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR Parts 52 and 81 are 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 new 
entries for ``1997 Annual PM2.5 Maintenance Plan'' and 
``2006 24-Hour PM2.5 Maintenance Plan'' 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
   Name of nonregulatory SIP        geographic or         State       EPA Approval date          Comments
           provision             nonattainment area  submittal date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1997 Annual PM2.5 Maintenance    Detroit-Ann Arbor        7/05/2011  8/29/2013 [INSERT   .......................
 Plan.                            area (Livingston,                   CITATION OF
                                  Macomb, Monroe,                     PUBLICATION].
                                  Oakland, St.
                                  Clair, Washtenaw,
                                  and Wayne
                                  Counties).
2006 24-Hour PM2.5 Maintenance   Detroit-Ann Arbor        7/05/2011  8/29/2013 [INSERT   .......................
 Plan.                            area (Livingston,                   CITATION OF
                                  Macomb, Monroe,                     PUBLICATION].
                                  Oakland, St.
                                  Clair, Washtenaw,
                                  and Wayne
                                  Counties).
----------------------------------------------------------------------------------------------------------------


0
3. Section 52.1173 is amended by adding paragraphs (j) and (k) to read 
as follows:


Sec.  52.1173  Control strategy: Particulates.

* * * * *
    (j) Approval--The 1997 annual PM2.5 maintenance plans 
for the Detroit-Ann Arbor nonattainment area (Livingston, Macomb, 
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties), has been 
approved as submitted on July 5, 2011. The maintenance plan establishes 
2023 motor vehicle emissions budgets for the Detroit-Ann Arbor area of 
4,360 tpy for primary PM2.5 and 119,194 tpy for 
NOX.
    (k) Approval--The 2006 24-Hour PM2.5 maintenance plans 
for the Detroit-Ann Arbor nonattainment area (Livingston, Macomb, 
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties), has been 
approved as submitted on July 5, 2011. The maintenance plan establishes 
2023 motor vehicle emissions budgets for the Detroit-Ann Arbor area of 
16 tpd for primary PM2.5 and 365 tpd for NOX.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

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

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


0
5. Section 81.323 is amended by revising the entry for Detroit-Ann 
Arbor, MI in the tables entitled ``Michigan--PM2.5 (Annual 
NAAQS)'' and ``Michigan--PM2.5 (24-Hour NAAQS)'' to read as 
follows:


Sec.  81.323  Michigan.

* * * * *

                     Michigan--PM2.5 (Annual NAAQS)
------------------------------------------------------------------------
                                              Designation \a\
         Designated area         ---------------------------------------
                                     Date \1\              Type
------------------------------------------------------------------------
Detroit-Ann Arbor, MI:                 8/29/2013  Attainment.
 Livingston County, Macomb
 County, Monroe County, Oakland
 County, St. Clair County,
 Washtenaw County, Wayne County.
 
                              * * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
  otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.


                                         Michigan--PM2.5 (24-Hour NAAQS)
----------------------------------------------------------------------------------------------------------------
                                    Designation for the 1997 NAAQS \a\     Designation for the 2006 NAAQS \a\
         Designated area          ------------------------------------------------------------------------------
                                      Date \1\             Type            Date \2\               Type
----------------------------------------------------------------------------------------------------------------
Detroit-Ann Arbor, MI: Livingston  ..............  Unclassifiable/           8/29/2013  Attainment.
 County, Macomb County, Monroe                      Attainment.
 County, Oakland County, St.
 Clair County, Washtenaw County,
 Wayne County.
 

[[Page 53275]]

 
                                                  * * * * * * *
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.

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[FR Doc. 2013-21020 Filed 8-28-13; 8:45 am]
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