[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Rules and Regulations]
[Pages 6650-6651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3177]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MI56-01-7264a; FRL-5961-8]
Approval and Promulgation of State Implementation Plan; Michigan
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: On May 16, 1996, and September 23, 1997, the Michigan
Department of Environmental Quality (MDEQ) submitted a revision to the
Michigan State Implementation Plan (SIP) that included Part 55 of Act
451 of 1994, the Natural Resources and Environmental Protection Act
(Part 55). Part 55 is a recodification of the Air Pollution Control
Act, 1965 Public Act 348. On December 30, 1997, MDEQ withdrew most of
Part 55. In this action, the United States Environmental Protection
Agency (USEPA) is approving sections 324.5524 and 324.5525 which
contain control requirements and applicable definitions for fugitive
dust sources.
In the proposed rules section of this Federal Register, the USEPA
is proposing approval of, and soliciting comments on, this requested
SIP revision. If adverse comments are received on this action, the
USEPA will withdraw this final rule and address the comments received
in response to this action in a final rule on the related proposed
rule, which is being published in the proposed rules section of this
Federal Register. A second public comment period will not be held.
Parties interested in commenting on this action should do so at this
time. This approval makes federally enforceable the State's rule that
has been incorporated by reference.
DATES: The ``direct final'' is effective on April 13, 1998, unless
USEPA receives adverse or critical comments by March 12, 1998. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be sent to: Carlton T. Nash, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
Copies of the proposed SIP revision and USEPA's analysis are
available for inspection at the U.S. Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. (Please telephone Kathleen D'Agostino at (312)
886-1767 before visiting the Region 5 Office.)
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Regulation Development Section, Air Programs Branch (AR-18J),
U.S. Environmental Protection Agency, Region 5, Chicago, Illinois
60604, (312) 886-1767.
SUPPLEMENTARY INFORMATION: On May 16, 1996, the Michigan Department of
Environmental Quality (MDEQ) submitted a revision to the Michigan State
Implementation Plan for New Source Review (NSR). Included in this
submittal was Part 55 of Act 451 of 1994, the Natural Resources and
Environmental Protection Act (Part 55), which recodifies the Air
Pollution Control Act, 1965 Public Act 348. Part 55 in the May 16, 1996
submittal was incomplete in that the copy submitted had only the odd
pages. On September 23, 1997, the State supplemented its original
submittal with a complete copy of Part 55. On December 30, 1997, MDEQ
withdrew all of Part 55 except for sections 324.5505, 324.5510,
324.5511, 324.5524 and 324.5525 and reaffirmed that Part 55 replaces
the Air Pollution Control Act, 1965 Public Act 348, as the enabling
legislation for Michigan's air pollution control program. This action
only addresses those sections 324.5524 and 324.5525. Sections 324.5505,
324.5510 and 324.5511 pertain to New Source Review (NSR) and will be
addressed when
[[Page 6651]]
USEPA takes action on the State's NSR SIP.
Sections 324.5524 and 324.5525 contain control requirements and
applicable definitions for fugitive dust sources. These control
requirements and definitions are very similar to those included in
rules approved by USEPA in the State's particulate matter SIP. These
sections are acceptable and USEPA is approving sections 324.5524 and
324.5525 for incorporation into the SIP.
Because the USEPA considers this action noncontroversial and
routine, we are approving it without prior proposal. This action will
become effective on April 13, 1998. However, if we receive adverse
comments by March 12, 1998, USEPA will publish a document that
withdraws this action.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The USEPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities (5 U.S.C. 603 and 604).
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
This approval does not create any new requirements. Therefore, I
certify that this action does not have a significant impact on any
small entities affected. Moreover, due to the nature of the Federal-
State relationship under the Act, preparation of the regulatory
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of the State action. The Act forbids USEPA to base its
actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
USEPA, 427 U.S. 246, 256-66 (1976).
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the
USEPA must prepare a budgetary impact statement to accompany any
proposed or final rule that includes a Federal mandate that may result
in estimated costs to State, local, or tribal governments in the
aggregate, or to the private sector, of $100 million or more. Under
section 205, the USEPA must select the most cost-effective and least
burdensome alternative that achieves the objectives of the rule and is
consistent with statutory requirements. Section 203 requires the USEPA
to establish a plan for informing and advising any small governments
that may be significantly or uniquely impacted by the rule.
The USEPA has determined that the approval action promulgated today
does not include a Federal mandate that may result in estimated costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves into the SIP requirements already existing under State or
local law, and imposes no new Federal requirements. Accordingly, no
additional costs to State, local, or tribal governments, or the private
sector, result from this action.
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, USEPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule 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 April 13, 1998. 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements.
Dated: January 12, 1998.
David A. Ullrich,
Acting Regional Administrator, Region V.
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart X--Michigan
2. Section 52.1170 is amended by adding paragraph (c)(110) to read
as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(c) * * *
(110) A revision to Michigan's State Implementation Plan (SIP),
containing part of Michigan's Natural Resources and Environmental
Protection Act, was submitted by the Michigan Department of
Environmental Quality (MDEQ) on May 16, 1996, and supplemented on
September 23, 1997. On December 30, 1997, MDEQ withdrew much of the
original submittal. The revision incorporated below contains control
requirements and applicable definitions for fugitive dust sources.
(i) Incorporation by reference. The following sections of Part 55
of Act 451 of 1994, the Natural Resources and Environmental Protection
Act are incorporated by reference.
(A) 324.5524 Fugitive dust sources or emissions, effective March
30, 1995.
(B) 324.5525 Definitions, effective March 30, 1995.
[FR Doc. 98-3177 Filed 2-9-98; 8:45 am]
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