Approval and Promulgation of Maintenance Plans; Michigan; Southeast Michigan Ozone Maintenance Plan Update to the State Implementation Plan, 29202-29207 [05-10150]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 97 (Friday, May 20, 2005)]
[Rules and Regulations]
[Pages 29202-29207]
From the Federal Register Online via the Government Printing 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: https://www.regulations.gov. Follow the 
on-line instructions for submitting comments.
    Agency Web site: https://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

[[Page 29203]]

online instructions for submitting comments.
    E-mail: mooney.john@epa.gov.
    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 https://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, maietta.anthony@epa.gov.

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 https://
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

[[Page 29204]]

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
                                        ------------
    Total..............................      676.3      578.0      -98.3
------------------------------------------------------------------------


               Table 2.--Southeast Michigan NOX Emissions
                             [Tons per day]
------------------------------------------------------------------------
                                                                 Change
            Source category                 2000       2015    2000-2015
------------------------------------------------------------------------
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
                                        ------------
    Total..............................      985.3      406.0     -579.3
------------------------------------------------------------------------

    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

[[Page 29206]]

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
                             ------------
    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
                             ------------
    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]
BILLING CODE 6560-50-P