96-19140. Approval and Promulgation to State Implementation Plan; Michigan; 182(f) SIP Revision  

  • [Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
    [Rules and Regulations]
    [Pages 39330-39332]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-19140]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 52
    
    [MI47-01-7250; FRL-5541-1]
    
    
    Approval and Promulgation to State Implementation Plan; Michigan; 
    182(f) SIP Revision
    
    AGENCY: Environmental Protection Agency.
    
    ACTION: Technical amendment.
    
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    [[Page 39331]]
    
    SUMMARY: The Environmental Protection Agency (EPA) is revising the Code 
    of Federal Regulations to acknowledge the fact that on the date that 
    the Detroit-Ann Arbor area was redesignated to attainment for ozone, 
    the NOX requirements found in the area's maintenance plan would 
    now apply and the NOX exemption that was granted on March 7, 1995 
    no longer applies.
    
    DATES: This final rule is effective on August 28, 1996.
    
    ADDRESSES: Copies of the Detroit-Ann Arbor area NOX exemption 
    request and the Detroit-Ann Arbor redesignation request, public 
    comments and EPA's responses are available for inspection at the 
    following address: United States Environmental Protection Agency, Air 
    and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 
    60604.
    
    FOR FURTHER INFORMATION CONTACT: Douglas Aburano, Environmental 
    Engineer, Regulation Development Section, Air Programs Branch (AR-18J), 
    Air and Radiation Division, United States Environmental Protection 
    Agency, Region 5, Chicago, Illinois 60604, Telephone Number (312) 353-
    6960.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Action
    
        On November 12, 1993 the State of Michigan submitted a petition to 
    the U.S. EPA requesting that the Detroit-Ann Arbor ozone nonattainment 
    area be exempted from the requirement to implement NOX controls 
    pursuant to section 182(f) of the Act. The exemption request was based 
    on monitoring data which demonstrate that the average number of 
    exceedances of the ozone standard in the Detroit-Ann Arbor area during 
    the most recent 3 year period, 1991 through 1993, was fewer than one.
        On March 7, 1995, a final rule was published in the Federal 
    Register approving Michigan's request for a NOX waiver for the 
    Detroit-Ann Arbor area. This final rule stated that on November 12, 
    1993, the State of Michigan also submitted an ozone redesignation 
    request for the Detroit-Ann Arbor area. Section 107(d)(3)(E) of the Act 
    requires submittal and full approval of a section 175(A) maintenance 
    plan for areas that are redesignating to attainment. This maintenance 
    plan must contain contingency measures that would be implemented if a 
    violation of the ozone standard were to occur. Consequently, if the 
    State's redesignation request is approved, the NOX requirements 
    found in the maintenance plan for that area would thereafter apply as 
    long as the area continues to be designated attainment for ozone.
        On March 7, 1995, EPA approved in final Michigan's request for 
    redesignation to attainment. Because the Detroit-Ann Arbor area was 
    redesignated to attainment, the NOX waiver no longer applies and 
    was replaced by the NOX requirements found in the area's 
    maintenance plan.
        This document serves to revise the Code of Federal Regulations to 
    acknowledge that on March 7, 1995, the NOX requirements found in 
    the maintenance plan for Detroit-Ann area became effective and that the 
    NOX waiver granted to the Detroit-Ann Arbor ozone nonattainment 
    area no longer applies. The NOX requirements in the area's 
    maintenance plan are applicable as long as the area continues to be 
    designated attainment for ozone.
    
    II. Miscellaneous
    
    A. Applicability to Future SIP Decisions
    
        Nothing in this action should be construed as permitting, allowing 
    or establishing a precedent for any future request for revision to any 
    SIP. The EPA 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.
    
    B. Executive Order 12866
    
        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), as revised by a July 
    10, 1995 memorandum from Mary Nichols, Assistant Administrator for Air 
    and Radiation. The Office of Management and Budget has exempted this 
    regulatory action from E.O. 12866 review.
    
    C. Regulatory Flexibility
    
        Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
    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, EPA 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 technical amendment 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 EPA to 
    base its actions concerning SIPs on such grounds. Union Electric Co. v. 
    U.S. EPA, 427 U.S. 246, 256-66 (1976).
    
    D. Unfunded Mandates
    
        Under Section 202 of the Unfunded Mandates Reform Act of 1995 
    (``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
    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 EPA 
    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 EPA to establish a 
    plan for informing and advising any small governments that may be 
    significantly or uniquely impacted by the rule.
        The EPA has determined that this 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 serves only as a public notification. 
    Accordingly, no additional costs to State, local, or tribal 
    governments, or the private sector, result from this action.
    
    E. Submission to Congress and the General Accounting Office
    
        Under section 801(a)(1)(A) of the Administrative Procedure Act 
    (APA) as amended by the Small Business Regulatory Enforcement Fairness 
    Act of 1996, EPA 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 this rule in today's Federal Register. 
    This rule is not a ``major rule'' as defined by section 804(2) of the 
    APA as amended.
    
    F. Petitions for Judicial Review
    
        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 September 27, 1996. 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
    
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    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, Intergovernmental relations, Oxides of nitrogen, Ozone, 
    Reporting and recordkeeping requirements.
    
        Dated: July 2, 1996.
    Valdas V. Adamkus,
    Regional Administrator.
    
        For the reasons stated in the preamble, part 52, chapter I, title 
    40 of the Code of Federal Regulations is amended as follows:
    
    PART 52--[AMENDED]
    
        1. The authority citation for part 52 continues to read as follows:
    
        Authority: 42 U.S.C. 7401-7671q.
    
    Subpart X--Michigan
    
    
    Sec. 52.1174  [Amended]
    
        2. Section 52.1174 is amended by removing and reserving paragraph 
    (j).
    
    [FR Doc. 96-19140 Filed 7-26-96; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Effective Date:
8/28/1996
Published:
07/29/1996
Department:
Environmental Protection Agency
Entry Type:
Rule
Action:
Technical amendment.
Document Number:
96-19140
Dates:
This final rule is effective on August 28, 1996.
Pages:
39330-39332 (3 pages)
Docket Numbers:
MI47-01-7250, FRL-5541-1
PDF File:
96-19140.pdf
CFR: (1)
40 CFR 52.1174