[Federal Register Volume 61, Number 151 (Monday, August 5, 1996)]
[Rules and Regulations]
[Pages 40516-40519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19785]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[MI45-01-7240a; FRL-5545-2]
Designation of Areas for Air Quality Planning Purposes; Michigan
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: In this action the Environmental Protection Agency (EPA) is
approving the State Implementation Plan (SIP) submitted by the State of
Michigan through the Michigan Department of Environmental Quality
(MDEQ) on July 24, 1995 for the purpose of redesignating the portion of
Wayne County currently designated as nonattainment to attainment status
for the particulate matter National Ambient Air Quality Standard
(NAAQS).
DATES: This ``direct final'' is effective on October 4, 1996, unless
EPA receives adverse or critical comments by September 4, 1996. 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. EPA,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois, 60604. Copies
of this SIP revision and EPA's analysis are available for inspection
during normal business hours at the above address. (Please telephone
Christos Panos at (312) 353-8328, before visiting the Region 5 office.)
FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
Engineer, Regulation Development Section, Air Programs Branch (AR-18J),
U.S. EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-
3590, (312) 353-8328.
SUPPLEMENTARY INFORMATION:
I. Background
On July 1, 1987 (52 FR 24634), EPA revised the NAAQS for
particulate matter with a new indicator that includes only those
particles with an aerodynamic diameter less than or equal to a nominal
10 micrometers (PM). (See 40 CFR Sec. 50.6). The 24-hour primary PM
standard is 150 micrograms per cubic meter (g/m\3\), with no
more than one expected exceedance per year. The annual primary PM
standard is 50
g/m\3\ expected annual arithmetic mean. The secondary PM
standards are identical to the primary standards.
On August 7, 1987 (52 FR 29383), EPA identified the entire Wayne
County, Michigan area as a PM ``Group I'' area of concern, i.e., an
area with a strong likelihood of violating the PM NAAQS and requiring a
substantial SIP revision. This Group I area was reduced in size on
October 31, 1990 (55 FR 45799). The reduced area was subsequently
designated as a moderate PM nonattainment area upon enactment of the
Clean Air Act Amendments of 1990. 56 FR 56694 at 56705-706, 56714
(November 6, 1991).
II. Evaluation Criteria
Section 107(d)(3)(D) of the amended Clean Air Act (Act) allows the
Governor
[[Page 40517]]
of a State to request the redesignation of an area from nonattainment
to attainment. The criteria used to review redesignation requests are
derived from the Act, the general preamble to Title I of the Clean Air
Act Amendments of 1990 (57 FR 13498), and a September 4, 1992 policy
and guidance memorandum from John Calcagni entitled Procedures for
Processing Requests to Redesignate Areas to Attainment. An area can be
redesignated to attainment if the following conditions are met:
1. The area has attained the applicable NAAQS;
2. The area has a fully approved SIP under section 110(k) of the
Act;
3. The air quality improvement must be permanent and enforceable;
4. The area has met all relevant requirements under section 110 and
Part D of the Act;
5. The area must have a fully approved maintenance plan pursuant to
section 175A of the Act.
III. Review of State Submittal
Under a cover letter dated July 24, 1995 the State submitted a
redesignation request for the Wayne County PM nonattainment area. A
public hearing was held on March 2, 1995. The State did not receive any
adverse comments during the public hearing or the 30-day comment
period. The request was reviewed by EPA to determine completeness
shortly after its submittal, in accordance with the completeness
criteria set out at 40 CFR Part 51, Appendix V. The submittal was found
to be complete and a letter dated October 5, 1995 was forwarded to the
Director, Michigan Department of Environmental Quality (MDEQ),
indicating the completeness of the submittal and the next steps to be
taken in the review process. The following is a brief description of
how the State's redesignation request meets the requirements of Section
107(d)(3)(E). A more detailed discussion is found within EPA's May 1,
1996 Technical Support Document (TSD), which is available at the
Regional Office listed above.
1. Attainment of the PM NAAQS
A state must demonstrate that an area has attained the PM NAAQS
through submittal of ambient air quality data from an ambient air
monitoring network representing peak PM concentrations. The data, which
must be quality assured and recorded in the Aerometric Information
Retrieval System (AIRS), must show that the average annual number of
expected exceedances for the area is less than or equal to 1.0,
pursuant to 40 CFR 50.6. The data must represent the three consecutive
years of complete ambient air quality monitoring data collected in
accordance with EPA methodologies.
The Wayne County Air Quality Management Division operates three PM
monitoring sites in the nonattainment area. National Chemical Services,
a private company, also operates a site. The MDEQ submitted ambient air
quality data and supporting documentation from each monitoring site for
the 1985-1993 period demonstrating that the area has attained the PM
NAAQS. This air quality data was quality assured and placed in AIRS.
One exceedance of the 24-hour PM NAAQS was recorded in 1986, two in
1988, two in 1989, and one in 1992. No exceedances were recorded in
1987, 1990, 1991, and 1993. Although there was one exceedance in 1992,
the number of expected exceedances for the 1991-1993 three-year period
is one or less, and therefore, would not be considered a monitored
violation of the PM NAAQS. Therefore, the State has adequately
demonstrated, through ambient air quality data, that the PM NAAQS has
been attained in Wayne County, with 1993 as the attainment year.
Further, recent data shows that the area is continuing to attain the PM
NAAQS.
2. State Implementation Plan Approval
Those States containing initial moderate PM nonattainment areas
were required to submit by November 15, 1991 a SIP which implemented
reasonably available control measures (RACM) by December 10, 1993 and
demonstrated attainment of the PM NAAQS by December 31, 1994. The SIP
for the area must be fully approved under section 110(k) of the Act,
and must satisfy all requirements that apply to the area. On January
17, 1995 (60 FR 3346), EPA approved the Wayne County PM nonattainment
area SIP originally submitted by the State on June 11, 1993 and revised
on October 14, 1994.
3. Improvement in Air Quality Due to Permanent and Enforceable Measures
The State must be able to reasonably attribute the improvement in
air quality to permanent and enforceable emission reductions. In making
this showing, the State must demonstrate that air quality improvements
are the result of actual, enforceable emission reductions.
The State provided a detailed discussion of the development of PM
emission reductions during the attainment demonstration period of 1986-
1993. The PM dispersion modeling conducted as part of the Wayne County
PM SIP predicted that the control measures included in the SIP were
sufficient to provide for attainment and maintenance of the PM NAAQS.
The State has adequately demonstrated that the improvement in air
quality is due to permanent and enforceable emission reductions of
2042.91 tons of PM as a result of implementing the federally
enforceable control measures in the SIP.
4. Meeting Applicable Requirements of Section 110 and Part D of the Act
To be redesignated to attainment, section 107(d)(3)(E) requires
that an area must have met all applicable requirements of section 110
and of part D of the Act. The EPA interprets this to mean that for a
redesignation request to be approved, the State must have met all
requirements that applied to the subject area prior to or at the time
of a complete redesignation request.
A. Section 110 Requirements
Section 110(a)(2) contains general requirements for nonattainment
plans. For purposes of redesignation, the Michigan SIP was reviewed to
ensure that all applicable requirements under the amended Act were
satisfied. Title 40 CFR Part 52, subpart X, further evidences that the
Michigan SIP was approved under section 110 of the Act and found that
the SIP satisfied all Part D requirements.
B. Part D Requirements
Before a PM nonattainment area may be redesignated to attainment,
the State must have fulfilled the applicable requirements of Part D.
Subpart 1 of Part D establishes the general requirements applicable to
all nonattainment areas and subpart 4 of Part D establishes specific
requirements applicable to PM nonattainment areas.
The requirements of sections 172(c) and 189(a) regarding attainment
of the PM NAAQS, and the requirements of section 172(c) regarding
reasonable further progress, imposition of RACM, the adoption of
contingency measures, and the submission of an emission inventory have
been satisfied through the 1995 approval of the Wayne County PM SIP (60
FR 3346), the 1996 approval of the Wayne County PM contingency measures
SIP (61 FR 8009), and the demonstration that the area is now attaining
the standard. The requirements of the Part D--New Source Review (NSR)
permit program will be replaced by the Part C--Prevention of
Significant Deterioration (PSD) program once the area has been
redesignated. Because the PSD program was delegated to the State of
Michigan on September 10, 1979, and amended on November 7,
[[Page 40518]]
1983 and September 26, 1988, it will become fully effective immediately
upon redesignation.
5. Fully Approved Maintenance Plan Under Section 175A of the Act
Section 175(A) of the Act requires states that submit a
redesignation request for a nonattainment area under section 107(d) to
include a maintenance plan to ensure that the attainment of NAAQS for
any pollutant is maintained. The plan must demonstrate continued
attainment of the applicable NAAQS for at least ten years after the
approval of a redesignation to attainment. Eight years after the
redesignation, the State must submit a revised maintenance plan
demonstrating attainment for the ten years following the initial ten
year period.
The State of Michigan has adequately demonstrated attainment and
maintenance of the PM NAAQS through the dispersion modeling submitted
as part of the Wayne County PM attainment demonstration SIP. Although
the modeling only projected PM emissions to the year 2005, protection
of the NAAQS is assured beyond that because the State SIP includes
permanent allowable PM emission limitations. Actual PM emissions are
also generally less than the allowable PM emissions considered in the
modeling. The maintenance plan for the Wayne County area also contains
a commitment from the State to revise and submit a new maintenance plan
within eight years of approval of this redesignation.
Once an area has been redesignated, the State must continue to
operate an appropriate air quality monitoring network, in accordance
with 40 CFR Part 58, to verify the attainment status of the area. The
maintenance plan should contain provisions for continued operation of
air quality monitors that will provide such verification. In its
submittal, the State commits to continue to operate and maintain the
network of PM monitoring stations to demonstrate ongoing compliance
with the PM NAAQS.
Section 175A of the Act also requires that a maintenance plan
include contingency provisions, as necessary, to promptly correct any
violation of the NAAQS that occurs after redesignation of the area.
These contingency measures are distinguished from those generally
required for nonattainment areas under section 172(c)(9). However, if
an area has been able to attain the NAAQS without implementation of the
Part D nonattainment SIP contingency measures, and the contingency plan
includes a requirement that the State will implement all of the PM
control measures which were contained in the SIP before redesignation
to attainment, then the State can carry over into the area's
maintenance plan the Part D SIP measures not previously implemented.
Under a cover later dated July 13, 1995, MDEQ submitted State
Administrative Rule 336.1374 to satisfy the contingency measures
requirements specified in both section 172(c)(9) and section 175(A) for
the Wayne County PM nonattainment area. On March 1, 1996, EPA approved
the rule into the Michigan SIP in a direct final rulemaking (61 FR
8009), which became effective on April 30, 1996. The State may use this
rule as the maintenance plan contingency measures, because the State
was able to attain the PM NAAQS with the limitations and control
measures already contained in the SIP prior to promulgation of Rule
336.1374.
IV. Final Action
In this action, EPA is approving the State of Michigan's request to
redesignate the Wayne County PM nonattainment area to attainment.
V. Miscellaneous
A. Comment and Approval Procedure
The EPA is publishing this action without prior proposal because
EPA views this action as a noncontroversial revision and anticipates no
adverse comments. However, EPA is publishing a separate document in
this Federal Register publication, which constitutes a ``proposed
approval'' of the requested SIP revision and clarifies that the
rulemaking will not be deemed final if timely adverse or critical
comments are filed. The ``direct final'' approval shall be effective on
October 4, 1996, unless EPA receives adverse or critical comments by
September 4, 1996.
If EPA receives comments adverse to or critical of the approval
discussed above, EPA will withdraw this approval before its effective
date by publishing a subsequent document which withdraws this final
action. All public comments received will then be addressed in a
subsequent final rulemaking action.
The EPA will not institute a second comment period on this action.
Any parties interested in commenting on this action should do so at
this time. If no such comments are received, EPA hereby advises the
public that this action will be effective on October 4, 1996.
B. 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. Each request for a revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
C. Petitions for Judicial Review
Under section 307(b)(1) of the Act, 42 U.S.C. 7607(b)(1), petitions
for judicial review of this action must be filed in the United States
Court of Appeals for the appropriate circuit by October 4, 1996. Filing
a petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for 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) of the Act, 42
U.S.C. 7607(b)(2)].
D. 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 2214-2225), 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 Executive Order 12866 review.
E. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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. Secs. 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.
Redesignation of an area to attainment under section 107(d)(3)(e)
of the Act does not impose any new requirements on small entities.
Redesignation is an action that affects the status of a geographical
area and does not impose any regulatory requirements on sources.
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
[[Page 40519]]
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).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, 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, 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 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 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 pre-existing requirements 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.
G. 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 the rule in this Federal Register. This
rule is not a ``major rule'' as defined by section 804(2) of the APA as
amended.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Intergovernmental
relations, Particulate matter, Reporting and recordkeeping
requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: July 16, 1996.
David A. Ullrich,
Acting Regional Administrator.
For the reasons set forth in the preamble 40 CFR parts 52 and 81
are amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart X--Michigan
2. Section 52.1173 is amended by adding a new paragraph (f) to read
as follows:
Sec. 52.1173 Control strategy: particulates.
* * * * *
(f) On July 24, 1995, the Michigan Department of Natural Resources
requested the redesignation of Wayne County to attainment of the
National Ambient Air Quality Standard for particulate matter. The
State's maintenance plan is complete and the redesignation satisfies
all of the requirements of the Act.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In Sec. 81.323, the table entitled ``Michigan PM-10'' is revised
to read as follows:
Sec. 81.323 Michigan.
* * * * *
Michigan--PM-10
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Designation Classification
Designated Area -------------------------------------------------------------------------------
Date Type Date Type
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Wayne County--The area bounded October 4, 1996......... Attainment ............
by Michigan Avenue from its
intersection with I-75 west to
I-94, I-94 southwest to
Greenfield Road, Greenfield
Road south to Schaefer Road,
Schaefer Road south and east to
Jefferson Avenue, Jefferson
Avenue south (Biddle Avenue
through the city of Wyandotte)
to Sibley Avenue, Sibley Avenue
west to Fort Street, Fort
Street south to King Road, King
Road east to Jefferson Avenue,
Jefferson Avenue south to Helen
Road, Helen Road east extended
to Trenton Channel, Trenton
Channel north to the Detroit
River, the Detroit River north
to the Ambassador Bridge,
Ambassador Bridge to I-75, I-75
to Michigan Avenue.
Rest of State................... 11/15/90................ Unclassifiable ............
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[FR Doc. 96-19785 Filed 8-2-96; 8:45 am]
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