[Federal Register Volume 62, Number 187 (Friday, September 26, 1997)]
[Rules and Regulations]
[Pages 50512-50514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25501]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MI12-01-7266; FRL-5898-2]
Approval and Promulgation of Implementation Plan; Michigan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On June 12, 1997, the Environmental Protection Agency (EPA)
published an action of proposed rulemaking discussing its decision to
approve a revision to the Michigan State Implementation Plan (SIP) to
grant an exemption for the Muskegon County ozone nonattainment area
from the applicable Oxides of Nitrogen (NOX) transportation
conformity requirements. See Federal Register (62 FR 32058). No
comments were received by the EPA during the 30-day comment period.
This rule finalizes EPA's decision to approve the exemption for
Muskegon County, moderate ozone nonattainment area, from the
transportation conformity requirements for NOX. The Michigan
SIP revision request is based on the urban airshed modeling (UAM)
conducted for the attainment demonstration for the Lake Michigan Ozone
Study (LMOS) modeling domain. Additional information is available at
the address indicated below.
[[Page 50513]]
EFFECTIVE DATE: This final rule is effective on October 27, 1997.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
following address: United States Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. (Please telephone Victoria Hayden at (312)
886-4023 before visiting the Region 5 Office.)
A copy of this SIP revision is available for inspection at the
following location: Office of Air and Radiation (OAR) Docket and
Information Center (Air Docket 6102), room M1500, United States
Environmental Protection Agency, 401 M Street S.W., Washington, D.C.
20460, (202) 260-7548.
FOR FURTHER INFORMATION CONTACT: Victoria Hayden, Regulation
Development Section (AR-18J), Air Programs Branch, Air and Radiation
Division, United States Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312)
886-4023.
SUPPLEMENTARY INFORMATION: The specific rationale EPA used to approve
the exemption for Muskegon County from the transportation conformity
requirements of NOX was explained in the proposed rulemaking
and will not be restated here. This rule announces EPA's final action
regarding approval of the Michigan SIP revision.
I. EPA Final Rulemaking Action
In this final action EPA is approving the transportation conformity
NOX waiver SIP revision for the State of Michigan. In light
of the modeling completed thus far and considering the importance of
the Ozone Transport Assessment Group (OTAG) process and attainment plan
modeling efforts, EPA notes that it may reexamine the impact of this
NOX waiver. In the near future, EPA intends to require
appropriate States to submit SIP measures to achieve emissions
reductions of ozone precursors needed to prevent significant transport
of ozone. EPA will evaluate the States' submitted SIP measures and
available refined modeling to determine whether the NOX
waiver should remain in place, or whether EPA must seek a plan
revision.
The EPA also reserves the right to require NOX emission
controls for transportation sources under section 110(a)(2)(D) of the
Act if future ozone modeling demonstrates that such controls are needed
to achieve the ozone standard in downwind areas.
II. Administrative Requirements
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 (E.O.) 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 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 economic 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.
SIP approvals under section 110 and Subchapter I, Part D of the Act
do not create any new requirements but simply approve requirements that
the State is already imposing. Therefore, because the Federal SIP
approval does not impose any new requirements, the Administrator
certifies that it 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 a flexibility analysis would
constitute Federal inquiry into the economic reasonableness of state
action. The Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. EPA, 427 U.S. 246, 255-66 (1976); 42
U.S.C. 7410(a)(2).
D. Unfunded Mandates Reform Act
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 of $100 million or more 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 the approval action promulgated 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
preexisting requirements under state or local law, and imposes no new
requirements. Accordingly, no additional costs to state, local, or
tribal governments, or to the private sector, result from this action.
E. Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, the 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 the
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2)
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 November 25, 1997. 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,
Intergovernmental relations, Ozone, Oxides of Nitrogen, Transportation
conformity, Transportation--air quality planning, Volatile organic
compounds.
Authority: 42 U.S.C. 7401-7671q.
[[Page 50514]]
Dated: September 12, 1997.
Michelle D. Jordan,
Acting Regional Administrator.
Part 52, 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 adding paragraph (p) to read as
follows:
* * * * *
(p) Approval--On November 22, 1995 the Michigan Department of
Natural Resources submitted a petition for exemption from
transportation conformity requirements for the Muskegon ozone
nonattainment area. This approval exempts the Muskegon ozone
nonattainment area from transportation conformity requirements under
section 182(b)(1) of the Clean Air Act. If a violation of the ozone
standard occurs in the Muskegon County ozone nonattainment area, the
exemption shall no longer apply.
[FR Doc. 97-25501 Filed 9-25-97; 8:45 am]
BILLING CODE 6560-50-P
