[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
[[Page 39332]]
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]
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