[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Rules and Regulations]
[Pages 29202-29207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10150]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2004-MI-0004; FRL-7915-8]
Approval and Promulgation of Maintenance Plans; Michigan;
Southeast Michigan Ozone Maintenance Plan Update to the State
Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving a December 19, 2003, request from Michigan to
revise the ground level ozone State Implementation Plan (SIP) for the
Southeast Michigan area. EPA originally approved the Southeast Michigan
ozone maintenance plan on April 6, 1995. This action approves an update
to the plan prepared by Michigan to maintain the 1-hour national
ambient air quality standard (NAAQS) for ozone in the Southeast
Michigan maintenance area through the year 2015. This update is
required by the Clean Air Act (CAA).
DATES: This ``direct final'' rule is effective July 19, 2005, unless
EPA receives written adverse comment by June 20, 2005. If written
adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit comments, identified by Regional Material in EDocket
(RME) ID No. R05-OAR-2004-MI-0004, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
on-line instructions for submitting comments.
Agency Web site: http://docket.epa.gov/rmepub/. RME, EPA's
electronic public docket and comments system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the
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online instructions for submitting comments.
E-mail: [email protected].
Fax: (312) 886-5824.
Mail: You may send written comments to: John M. Mooney, Chief,
Criteria Pollutant Section (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: John M. Mooney, Chief,
Criteria Pollutant Section (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago,
Illinois 60604.
Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to RME ID No. R05-OAR-2004-MI-
0004. EPA's policy is that all comments received will be included in
the public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME website and the federal regulations.gov website
are ``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, go to Section I of the SUPPLEMENTARY INFORMATION section of
the related proposed rule which is published in the Proposed Rules
section of this Federal Register.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Publicly
available docket materials are available either electronically in RME
or in hard copy at Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
(We recommend that you telephone Anthony Maietta, Life Scientist, at
(312) 353-8777 before visiting the Region 5 office.) This Facility is
open from 8:30 AM to 4:30 PM, Monday through Friday, excluding legal
holidays.
FOR FURTHER INFORMATION CONTACT: Anthony Maietta, Life Scientist,
Criteria Pollutant Section (AR-18J), Air Programs Branch, Air and
Radiation Division, United States Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)
353-8777, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' means EPA. This section provides additional information by
providing General Information and addressing pertinent questions that
follow:
General Information
Does this action apply to me?
How can I get copies of this document and other related information?
How and to whom do I submit my comments?
What is a SIP?
What is the federal approval process for a SIP?
What are the criteria for approval of a maintenance plan?
What does federal approval of a state regulation mean to me?
Have the requirements for approval of a SIP revision been met?
Did Michigan hold a public hearing?
What is in the State's plan to maintain the standard?
What action is EPA taking?
Statutory and executive order review.
General Information
Does This Action Apply to Me?
This action is non-regulatory in nature. It updates an earlier plan
which is intended to maintain the 1-hour ozone NAAQS in Southeast
Michigan.
How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an electronic public
rulemaking file available for inspection at RME under RME ID No. R05-
OAR-2004-MI-0004, and a hard copy file which is available for
inspection at the Regional Office. The official public file consists of
the documents specifically referenced in this action, any public
comments received, and other information related to this action.
Although a part of the official docket, the public rulemaking file does
not include CBI or other information whose disclosure is restricted by
statute. The official public rulemaking file is the collection of
materials that is available for public viewing at the Air Programs
Branch, Air and Radiation Division, EPA Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m. excluding Federal holidays.
2. Electronic Access. You may access this Federal Register document
electronically through the regulations.gov web site located at http://www.regulations.gov where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
How and to Whom Do I Submit My Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket ``R05-OAR-
2004-MI-0004'' in the subject line on the first page of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not
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required to consider these late comments.
For detailed instructions on submitting public comments and on what
to consider as you prepare your comments see the ADDRESSES section and
the section I General Information of the SUPPLEMENTARY INFORMATION
section of the related proposed rule which is published in the Proposed
Rules section of this Federal Register.
What Is a SIP?
The CAA, at section 110, requires states to develop air pollution
regulations, laws, and control strategies to ensure that state air
quality meets the NAAQS established under section 109 of the CAA. EPA
has established standards for six criteria pollutants: carbon monoxide,
nitrogen dioxide, ozone, lead, particulate matter, and sulfur dioxide.
Each state must submit regulations and control strategies to us for
approval and incorporation into the federally-enforceable SIP. Each
federally-approved SIP is designed to protect air quality primarily by
addressing air pollution at its point of origin. These SIPs can be
extensive, containing state regulations or other enforceable documents
and supporting information such as emission inventories, monitoring
networks, and modeling demonstrations.
What Is the Federal Approval Process for a SIP?
For state regulations to be incorporated into the federally-
enforceable SIP, states must formally adopt the regulations and control
strategies consistent with state and federal requirements. This process
generally includes a public notice, public hearing, public comment
period, and a formal adoption by a state-authorized rulemaking body.
Once a state rule, regulation, or control strategy is adopted, the
state submits it to us for approval into the SIP. We must provide
public notice and seek additional public comment regarding the federal
action on the state submission. If we receive adverse comments, we must
address them prior to taking final federal action. All state
regulations approved by EPA under section 110 of the CAA are
incorporated into the federally-approved SIP. Records of such SIP
actions are maintained in the Code of Federal Regulations (CFR) at 40
CFR part 52, entitled ``Approval and Promulgation of Implementation
Plans.'' The actual state regulations which are approved are not
reproduced in the CFR but are ``incorporated by reference,'' which
means that we have approved a given state submission with a specific
effective date.
What Are the Criteria for Approval of a Maintenance Plan?
Section 175A(b) of the CAA requires a state, eight years after
redesignation of an area as attainment, to submit to EPA a revision to
its SIP to maintain the NAAQS for ten years after the expiration of the
initial ten year period as an attainment area. A maintenance plan must
provide a demonstration of continued attainment of the applicable
NAAQS, including the submission of control measures needed to maintain
the standard. Further, the plan must provide contingency measures for
the prompt correction of any violation of the standard, the continued
operation of the ambient air quality monitoring network, a means of
tracking the progress of the plan, inclusion of the attainment
emissions inventory, and new emissions budgets for motor vehicle
emissions.
What Does Federal Approval of a State Regulation Mean to Me?
Enforcement of the state regulation before and after it is
incorporated into the federally-approved SIP is primarily a state
responsibility. However, after the state regulation is federally
approved, it becomes federally enforceable, or enforceable by EPA and
by citizens pursuant to section 304 of the CAA.
Have the Requirements for Approval of a SIP Revision Been Met?
Yes, the State has met all the necessary requirements for approval
of a SIP revision as stated in section 110(A) of the CAA.
Did Michigan Hold a Public Hearing?
Yes, a public hearing was held on September 9, 2003, at 1:00 p.m.,
in the Southeast Michigan Council of Governments offices located at 535
Griswold, Suite 300, in Detroit, Michigan. Four people attended the
hearing, and one comment was received.
What Is in the State's Plan To Maintain the Standard?
The Southeast Michigan area has been designated as attainment for
the 1-hour ozone NAAQS since April 1995 (60 FR 12459). The Southeast
Michigan ozone maintenance area consists of Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne Counties. The existing plan
demonstrates maintenance of the 1-hour ozone standard through 2005. On
December 19, 2003, Michigan submitted its plan to maintain the ozone
standard in Southeast Michigan during the second ten-year period
beginning in 2005 and ending in 2015. Note that this action is in
reference to the State's plan under the 1-hour ozone standard and is
independent of other requirements for 8-hour ozone nonattainment. The
following analysis will look at the elements necessary for approval of
a maintenance plan and determine if they have been fulfilled.
1. Demonstration of Continued Attainment
The primary requirement for maintenance plans is the demonstration
that the relevant NAAQS will be maintained for a ten year period. To
make this demonstration, states must establish an attainment level of
emissions of volatile organic compounds (VOC) and oxides of nitrogen
(NOX) to maintain the 1-hour ozone standard. The state must
maintain this attainment level of emissions throughout the maintenance
period via a combination of control measures. These measures may
include stationary, area, and mobile source controls. Michigan has made
such a demonstration, establishing the annual emissions from the entire
area for the year 2000, a period when no excursions or violations of
the standard occurred, and 2015, the last year of the maintenance plan.
These levels are summarized in Tables 1 and 2 below.
[[Page 29205]]
Table 1.--Southeast Michigan VOC Emissions
[Tons per day]
------------------------------------------------------------------------
Source category 2000 2015 Change
------------------------------------------------------------------------
Point.................................. 72.1 117.8 45.7
Area................................... 250.1 306.6 56.5
On-Road Mobile......................... 240.9 74.6 -166.3
Non-Road Mobile........................ 113.2 79.0 -34.2
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Total.............................. 676.3 578.0 -98.3
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Table 2.--Southeast Michigan NOX Emissions
[Tons per day]
------------------------------------------------------------------------
Change
Source category 2000 2015 2000-2015
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Point.................................. 422.6 159.5 -263.1
Area................................... 33.5 36.7 3.2
On-Road Mobile......................... 412.9 102.7 -310.2
Non-Road Mobile........................ 116.3 107.1 -9.2
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Total.............................. 985.3 406.0 -579.3
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The demonstration projects that the total VOC and NOX
emissions will decrease significantly in the area through 2015. The
State used methodologies to calculate these emissions which are
consistent with EPA estimation techniques. Thus, the plan demonstrates
that the 1-hour ozone standard will be maintained throughout the second
ten-year segment of the maintenance plan, years 2005 through 2015. The
full emissions benefits obtained from state and federal control
measures are included in the table above. For the demonstration of
maintenance, it is necessary to show only that there is no increase in
the emissions over the intended time period. Not only does Michigan
meet this test, it has also clearly identified excess emission
reductions. Control measures used to reduce emissions and maintain the
standard include stationary, mobile, and area source controls,
including emission reductions from the Federal Motor Vehicle Control
Program and from implementation of 7.8 pounds per square inch low-Reid
Vapor Pressure (RVP) fuel requirements for Southeast Michigan.
2. Contingency Measures
Despite an area's best efforts to demonstrate continued compliance
with the NAAQS, the area's ambient ozone concentrations may exceed or
violate the NAAQS. The CAA makes allowances for this by establishing a
requirement to submit contingency measures that can be implemented in
response to violations of the NAAQS during the maintenance period. The
Southeast Michigan area experienced a violation of the 1-hour ozone
NAAQS in 2003. Therefore, as required by section 175(A) of the Act,
Michigan has provided contingency measures to promptly correct this
violation, as well as any future ozone air quality problems.
As a contingency measure for the years 2004 through 2006, Michigan
has adopted rules to reduce NOX from major industrial
sources. Michigan promulgated these rules in response to EPA's
NOX SIP call, which EPA issued in 1998 to 22 states to
address and reduce upwind sources of NOX emissions. The
NOX SIP call has been implemented in Michigan since May 31,
2004. EPA believes that these rules will address the 2003 violation and
any violations that may occur through 2006.
As a contingency measure for the years 2004 through 2009, Michigan
has identified the Tier II vehicle standards. The Tier II vehicle
standards, which will be phased in from 2004 through 2009, require all
passenger vehicles, including sport utility vehicles (SUV's), minivans,
vans, and pick-up trucks, to be 77 to 95 percent cleaner overall. For
the heaviest light-duty vehicles, the Tier II program provides a three
step phase-in of NOX emission limits through 2009. By 2009,
all light-duty vehicles will be held to a 0.07 grams per mile limit for
NOX emissions. EPA believes that this program will be
effective in keeping the area within the NAAQS after 2006.
As a contingency measure for the years 2004 through 2012, Michigan
has identified EPA's new combined emission standard for NOX,
particulate matter, and hydrocarbons (HC) for heavy-duty diesel
vehicles weighing over 8,500 pounds (``Heavy Duty Diesel Vehicle
Standards''). The Heavy Duty Diesel Vehicle Standards will reduce
pollution from new trucks and buses by 95 percent when compared to
today's trucks and buses.
3. Ambient Air Quality Monitoring
Michigan currently operates 8 monitors in and around the Detroit
area. The Michigan Department of Environmental Quality (MDEQ) has
committed to continue operating and maintaining an approved ozone
monitor network throughout the maintenance period and beyond.
4. Tracking the Progress of the Plan
Continued attainment of the ozone NAAQS in Southeast Michigan
depends, in part, on the State's efforts toward tracking indicators of
continued attainment during the maintenance period. The tracking plan
for Southeast Michigan primarily consists of continued ambient ozone
monitoring in accordance with the requirements of 40 CFR part 58. MDEQ
maintains a comprehensive ambient air quality monitoring network and
air quality reporting program, including ozone monitoring sites
throughout the state. These are mandated by state statute to continue
through and beyond the maintenance period. The state will also evaluate
future VOC and NOX emissions inventories for increases over
the 2000 base year levels. A violation of the one-hour ozone NAAQS
(which must be confirmed by the State) will trigger
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contingency measures as described above in section 2 (``Contingency
Measures'').
5. Emission Inventory and Motor Vehicle Emissions Budgets
Michigan prepared an emissions inventory for the Southeast Michigan
maintenance area for the base year of 2000. Michigan selected the year
2000 for the inventory because no excursion or violations of the
standard occurred in Southeast Michigan. The State then projected
emissions to the years 2005, 2010, and 2015, and updated the emissions
budgets for these years to reflect the State's adoption of low-RVP
gasoline and also to reflect new planning assumptions, including
updated vehicle registration data from the year 2000, vehicle miles
traveled, speeds, fleet mix, and SIP control measures. The MOBILE6.2
emissions model was used for on-road mobile sources. The emission
inventory values are shown in the Tables below.
Table 3.--Southeast Michigan VOC Emissions
[Tons per day]
------------------------------------------------------------------------
Source type 2000 2005 2010 2015
------------------------------------------------------------------------
Point....................... 72.1 87.3 102.6 117.8
Area........................ 250.1 269.0 287.7 306.6
On-road mobile.............. 240.9 160.6 105.1 74.6
Off-road mobile............. 113.2 101.9 90.4 79.0
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Total................... 676.3 618.8 585.8 578.0
------------------------------------------------------------------------
Table 4.--Southeast Michigan NOX Emissions
[Tons per day]
------------------------------------------------------------------------
Source type 2000 2005 2010 2015
------------------------------------------------------------------------
Point....................... 422.6 334.9 247.2 159.5
Area........................ 33.5 34.6 35.6 36.7
On-road mobile.............. 412.9 305.1 183.1 102.7
Off-road mobile............. 116.3 113.2 110.2 107.1
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Total................... 985.3 787.8 576.1 406.0
------------------------------------------------------------------------
Michigan has submitted an emissions inventory of VOC and
NOX for the Southeast Michigan maintenance area. Based upon
the updated emissions inventory, the revised maintenance plan contains
new budgets (or limits) for motor vehicle emissions resulting from
transportation plans for the Southeast Michigan maintenance area. We
have reviewed the budgets and have found that the budgets meet all of
the adequacy criteria in Sec. 91.118 of the transportation conformity
rule. These criteria include: (1) The SIP was endorsed by the Governor
(or his designee) and was the subject of a state public hearing; (2)
consultation among federal, state, and local agencies occurred; (3) the
emissions budget is clearly identified and precisely quantified; (4)
the motor vehicle emissions budget, when considered together with all
other emissions, is consistent with attainment; and (5) the motor
vehicle emissions budget is consistent with and clearly related to the
emissions inventory and control strategy in the SIP.
The new area-wide budgets are shown in the Table below:
Table 5.--Southeast Michigan Mobile Vehicle Emissions Budgets
[Tons per day]
------------------------------------------------------------------------
Year VOC NOX
------------------------------------------------------------------------
2005.............................................. 218.1 412.9
2015.............................................. 172.8 412.9
------------------------------------------------------------------------
These new budgets are to be used in all subsequent conformity
determinations concerning transportation plans in the Southeast
Michigan maintenance area. We believe that the motor vehicle emissions
budgets are consistent with the control measures identified in this
maintenance plan, and that this plan demonstrates maintenance with the
1-hour ozone standard.
What Action Is EPA Taking?
We are approving the Southeast Michigan ozone maintenance plan
update and the transportation conformity budgets for the Southeast
Michigan 1-hour ozone maintenance area into the Michigan SIP.
The EPA is publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the state plan if relevant adverse
comments are filed. This rule will be effective July 19, 2005, without
further notice unless we receive relevant adverse written comments by
June 20, 2005. If we receive such comments, we will withdraw this
action before the effective date by publishing a subsequent document
that will withdraw the final action. We will address all public
comments received in a subsequent final rule based on the proposed
action. The EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time. If
we do not receive any comments, this action will be effective July 19,
2005.
Statutory and Executive Order Review
Executive Order 12866; Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
[[Page 29207]]
Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' this action
is also not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely 1995 (Public Law 104-4).
Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (59
FR 22951, November 9, 2000).
Executive Order 13132 Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act.
Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
state to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 19, 2005. 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, Carbon monoxide,
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements,
Volatile organic compound.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 11, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart X--Michigan
0
2. Section 52.1174 is amended by adding paragraph (v) to read as
follows:
Sec. 52.1174 Control Strategy: Ozone.
* * * * *
(v) Approval--On December 19, 2003, Michigan submitted an update to
the Section 175(A) maintenance plan for the Southeast Michigan 1-hour
ozone maintenance area, which consists of Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne counties. This update
addresses the second 10-year period of maintenance of the ozone
standard in Southeast Michigan, which spans the years 2005 through
2015. The maintenance plan also revises the Motor Vehicle Emissions
Budget (MVEB). For the year 2005, the MVEB for VOC is 218.1 tons per
day (tpd), and the MVEB for NOX is 412.9 tpd. For the year
2015, the MVEB for VOC is 172.8 tpd, and the MVEB for NOX is
412.9 tpd.
[FR Doc. 05-10150 Filed 5-19-05; 8:45 am]
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