[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Rules and Regulations]
[Pages 58312-58315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23708]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2010-0477; FRL-9204-5]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Michigan; Redesignation of
the Allegan County Areas to Attainment for Ozone
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving Michigan's request to redesignate the Allegan
County, Michigan nonattainment area to attainment for the 1997 8-hour
ozone standard because the request meets the statutory requirements for
redesignation under the Clean Air Act (CAA). The Michigan Department of
Natural Resources and Environment (MDNRE) submitted this request on May
12, 2010, and supplemented it on June 16, 2010.
This approval involves several related actions. EPA is making a
determination under the CAA that the Allegan County area has attained
the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS).
This determination is based on three years of complete, quality-assured
and certified ambient air quality monitoring data for the 2007-2009
ozone seasons that demonstrate that the 8-hour ozone NAAQS has been
attained in the area. Preliminary data available for 2010 is consistent
with continued attainment. EPA is also approving, as a revision to the
Michigan State Implementation Plan (SIP), the State's plan for
maintaining the 8-hour ozone NAAQS through 2021 in the area. EPA is
approving the 2005 emissions inventory submitted with the redesignation
request as meeting the comprehensive emissions inventory requirement of
the CAA for the Allegan County area. Finally, EPA found adequate and is
approving the State's 2021 Motor Vehicle Emission Budgets (MVEBs) for
the Allegan County area.
DATES: This final rule is effective September 24, 2010.
ADDRESSES: EPA has established a docket for this action: Docket ID No.
EPA-R05-OAR-2010-0477. All documents in the docket are listed on the
http://www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from
[[Page 58313]]
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Kathleen D'Agostino,
Environmental Engineer, at (312) 886-1767 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR-18J), U.S. Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-1767,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
Table of Contents
I. What is the background for these actions?
II. What comments did we receive on the proposed rule?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews.
I. What is the background for these actions?
The background for today's actions is discussed in detail in EPA's
July 20, 2010, proposal (75 FR 42018). In that rulemaking, we noted
that, under EPA regulations at 40 CFR part 50, the 8-hour ozone
standard is attained when the three-year average of the annual fourth-
highest daily maximum 8-hour average ozone concentrations is less than
or equal to 0.08 ppm. (See 69 FR 23857 (April 30, 2004) for further
information.) Under the CAA, EPA may redesignate nonattainment areas to
attainment if sufficient complete, quality-assured data are available
to determine that the area has attained the standard and if it meets
the other CAA redesignation requirements in section 107(d)(3)(E).
The MDNRE submitted a request to redesignate the Allegan County
area to attainment for the 1997 8-hour ozone standard on May 12, 2010,
and supplemented it on June 16, 2010. The redesignation request is
based on three years of complete, quality-assured, certified data for
the period of 2007 through 2009, indicating the 8-hour NAAQS for ozone,
as promulgated in 1997, has been attained in the Allegan County area.
Preliminary monitoring data available for 2010 is consistent with
continued attainment. The July 20, 2010, proposed rule provides a
detailed discussion of how Michigan met this and other CAA
requirements.
II. What comments did we receive on the proposed rule?
EPA provided a 30-day review and comment period. The comment period
closed on August 19, 2010. EPA received comments in support of the
redesignation from Consumers Energy. EPA received no adverse comments
on the proposed rule.
III. What action is EPA taking?
EPA is making a determination that the Allegan County area has
attained the 1997 8-hour ozone NAAQS. EPA is also approving the
maintenance plan SIP revisions for the Allegan County area. EPA's
approval of the maintenance plan is based on the State's demonstration
that the plan meets the requirements of section 175A of the CAA. After
evaluating the redesignation requests submitted by MDNRE, EPA believes
that the request meets the redesignation criteria set forth in section
107(d)(3)(E) of the CAA. Therefore, EPA is approving the redesignation
of the Allegan County area from nonattainment to attainment for the
1997 8-hour ozone NAAQS. EPA is also approving MDNRE's 2005 base year
emissions inventory for the Allegan County area as meeting the
requirements of section 172(c)(3) of the CAA. Finally, EPA has found
adequate and is approving Michigan's 2021 MVEBs for the Allegan County
area.
In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. This
is because a delayed effective date is unnecessary due to the nature of
a redesignation to attainment, which relieves the area from certain CAA
requirements that would otherwise apply to it. The immediate effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rulemaking actions may become effective less than 30 days
after publication if the rule ``grants or recognizes an exemption or
relieves a restriction,'' and section 553(d)(3), which allows an
effective date less than 30 days after publication ``as otherwise
provided by the agency for good cause found and published with the
rule.'' The purpose of the 30-day waiting period prescribed in section
553(d) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's rule relieves the state of various requirements
for this 8-hour ozone nonattainment area. For these reasons, EPA finds
good cause under 5 U.S.C. 553(d)(3) for this action to become effective
on the date of publication of this action.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by state law. A redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of requirements contained in the CAA for areas that have
been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
These actions do not impose additional requirements beyond those
imposed by state law and the CAA. For that reason, these actions:
Are not ``significant regulatory actions'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
[[Page 58314]]
Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because redesignation is an action that affects the status of a
geographical area and does not impose any new regulatory requirements
on the tribes, impact any existing sources of air pollution on tribal
lands, nor impair the maintenance of ozone NAAQS in tribal lands.
However, because there are tribal lands located in Allegan County, we
provided the affected tribe with the opportunity to consult with EPA on
the redesignation. The affected tribe raised no concerns with the
proposed rule.
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 action 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 23, 2010. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
40 CFR Part 81
Air pollution control, Environmental protection, National parks,
Wilderness areas.
Dated: September 11, 2010.
Susan Hedman,
Regional Administrator, Region 5.
0
Parts 52 and 81, 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 paragraphs (aa) and (bb) to
read as follows:
Sec. 52.1174 Control strategy: Ozone.
* * * * *
(aa) Approval--On May 12, 2010, Michigan submitted 2005 VOC and
NOX base year emissions inventories for the Allegan County
area. Michigan's 2005 inventories satisfy the base year emissions
inventory requirements of section 172(c)(3) of the Clean Air Act for
the Allegan County area under the 1997 8-hour ozone standard.
(bb) Approval--Michigan submitted a request to redesignate the
Allegan County area to attainment of the 1997 8-hour ozone standard on
May 12, 2010, and supplemented the submittal on June 16, 2010. As part
of the redesignation request, the State submitted a maintenance plan as
required by section 175A of the Clean Air Act. Elements of the section
175 maintenance plan include a contingency plan and an obligation to
submit a subsequent maintenance plan revision in 8 years as required by
the Clean Air Act. The ozone maintenance plan also establishes 2021
Motor Vehicle Emission Budgets (MVEBs) for the area. The 2021 MVEBs for
the Allegan County area is 3.93 tons per day (tpd) for VOC and 6.92 tpd
for NOX.
PART 81--[AMENDED]
0
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 81.323 is amended by revising the entry for Allegan Co., MI
in the table entitled ``Michigan-Ozone (8-Hour Standard)'' to read as
follows:
Sec. 81.323 Michigan.
* * * * *
Michigan--Ozone (8-Hour standard)
----------------------------------------------------------------------------------------------------------------
Designation \a\ Classification
Designated area -------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Allegan County, MI:
Allegan County.............. September 24, 2010 Attainment........
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.
[[Page 58315]]
* * * * *
[FR Doc. 2010-23708 Filed 9-23-10; 8:45 am]
BILLING CODE 6560-50-P