Approval and Promulgation of Air Quality Implementation Plans; Michigan; Determination of Attainment of the 1997 Annual Fine Particle Standard for the Detroit-Ann Arbor Nonattainment Area, 66545-66547 [2012-26957]
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Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations
State submittal
date
Name of non-regulatory SIP revision
Applicable geographic
or nonattainment area
*
*
Section 110(a)(2) Infrastructure Requirements
for the 1997 8-Hour Ozone NAAQS.
*
Statewide .....................
*
12/13/07
9/19/08
9/16/09
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8/4/11, 76 FR 47068
Statewide .....................
12/13/07
9/19/08
9/16/09
4/1/10
11/6/12 [Insert page
number where the
document begins]
Statewide .....................
12/13/07
3/12/08
9/16/09
3/10/10
12/13/07
3/12/08
9/16/09
3/14/12
8/4/11, 76 FR 47068
Statewide .....................
9/16/09
3/10/10
8/4/11, 76 FR 47068
Statewide .....................
9/16/09
3/14/12
11/6/12 [Insert page
number where the
document begins]
Section 110(a)(2) Infrastructure Requirements
for the 1997 PM2.5 NAAQS.
Statewide .....................
Section 110(a)(2) Infrastructure Requirements
for the 2006 PM2.5 NAAQS.
*
*
*
Section 110(a)(2) Infrastructure Requirements
for the 2008 Lead NAAQS.
EPA approval date
11/6/12 [Insert page
number where the
document begins]
*
9/10/12, 77 FR 55420
Statewide .....................
10/17/11
3/14/12
11/6/12 [Insert page
number where the
document begins]
[FR Doc. 2012–26951 Filed 11–5–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2012–0467; FRL–9748–8]
Approval and Promulgation of Air
Quality Implementation Plans;
Michigan; Determination of Attainment
of the 1997 Annual Fine Particle
Standard for the Detroit-Ann Arbor
Nonattainment Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is making two final
determinations under the Clean Air Act
(Act) regarding the 1997 annual fine
particle (PM2.5) nonattainment area of
Detroit-Ann Arbor, Michigan
(Livingston, Macomb, Monroe, Oakland,
St. Clair, Washtenaw, and Wayne
Counties) (Detroit-Ann Arbor area or
area). First, EPA is determining that the
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SUMMARY:
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Detroit-Ann Arbor area has attained the
1997 annual PM2.5 National Ambient
Air Quality Standard (NAAQS). EPA
made this determination of attainment
based upon complete, quality-assured,
and certified ambient air monitoring
data for 2009–2011, showing that the
area has monitored attainment of the
1997 annual PM2.5 NAAQS. Preliminary
data available for 2012 indicate
continued attainment. Pursuant to EPA
rule, this determination suspends the
requirements for the Detroit-Ann Arbor
area to submit an attainment
demonstration, associated reasonably
available control measures (RACM) to
include reasonably available control
technology (RACT), a reasonable further
progress (RFP) plan, contingency
measures, and other planning State
Implementation Plan (SIP) revisions
related to attainment of the 1997 annual
PM2.5 NAAQS so long as the area
continues to attain the PM2.5 NAAQS.
EPA is also determining, based on
complete, quality-assured and certified
monitoring data for the 2007–2010
monitoring period, that the Detroit-Ann
Arbor area had attained the 1997 annual
PM2.5 NAAQS by the its attainment date
of April 5, 2010.
DATES: Effective Date: This final rule is
effective on December 6, 2012.
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*
*
This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M) or portions
thereof.
This action addresses the following CAA elements: 110(a)(2)(D)(i)(II) or portions thereof.
This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M) or portions
thereof.
This action addresses the following CAA elements: 110(a)(2)(D)(i)(II) or portions thereof.
This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F),
(G), (H), (J), (K), (L), and (M), or portions
thereof.
This action addresses the following CAA elements: 110(a)(2)(D)(i)(II) or portions thereof.
*
10/17/11
Dated: October 19, 2012.
W.C. Early,
Acting Regional Administrator, EPA Region
III.
Additional explanation
*
Statewide .....................
Sfmt 4700
66545
*
This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F),
(G), (H), (J), (K), (L), and (M) or portions
thereof.
This action addresses the following CAA elements: 110(a)(2)(C), (D)(i)(II), and (J) or portions thereof.
EPA has established a
docket for this action under Docket ID
Number EPA–R05–OAR–2012–0467. All
documents in these dockets are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Carolyn Persoon at (312)
353–8290 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8290,
persoon.carolyn@epa.gov.
ADDRESSES:
E:\FR\FM\06NOR1.SGM
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66546
Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations
This
supplementary information section is
arranged as follows:
SUPPLEMENTARY INFORMATION:
I. What action is EPA taking?
II. What is the effect of this action?
III. Statutory and Executive Order Reviews
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I. What action is EPA taking?
In this action, EPA is making final
determinations solely with respect to
the 1997 annual PM2.5 NAAQS. First,
EPA is finalizing its proposed
determination that the Detroit-Ann
Arbor area has attained the 1997 annual
PM2.5 NAAQS, based upon complete,
quality-assured, and certified ambient
air monitoring data for 2009–2011.
Preliminary data for 2012 indicate
continued attainment. Second, pursuant
to section 179(c) of the Act, EPA is
finalizing the proposed determination
that the Detroit-Ann Arbor area attained
the 1997 annual PM2.5 NAAQS by its
attainment date, April 5, 2010.
On July 5, 2012 (77 FR 39659), EPA
proposed these two determinations
related to the 1997 annual PM2.5
NAAQS. A discussion of the rationale
for these determinations and their
effects was included in the notice of
proposed rulemaking. EPA received one
supportive comment related to these
proposed determinations which can be
found in the docket. EPA received no
adverse comments addressing these
proposed determinations for the 1997
PM2.5 NAAQS.
In its July 5, 2012 notice, EPA also
proposed to make a separate
determination with respect to the
Detroit-Ann Arbor area’s attainment of
the 24-hour 2006 PM2.5 standard. EPA is
not finalizing its proposal with respect
to the 2006 PM2.5 standard here. Instead,
EPA intends to address the attainment
status of the Detroit-Ann Arbor area for
the 2006 PM2.5 standard in a future,
separate rulemaking action.
the basis for the suspension of the
specific requirements, set forth at 40
CFR 51.1004(c), would no longer exist
and the area would thereafter have to
address the pertinent requirements.
This action does not constitute a
redesignation of the Detroit Ann-Arbor
area to attainment of the 1997 annual
PM2.5 NAAQS under section 107(d)(3) of
the Act. Further, this action is not an
EPA approval of a maintenance plan for
the area as required under section 175A
of the Act, nor a finding that the area
has met all other requirements for
redesignation. Even after a
determination of attainment by EPA, the
designation status of the Detroit AnnArbor area remains nonattainment for
the 1997 annual PM2.5 NAAQS until
such time as EPA determines that the
area meets the Act requirements for
redesignation to attainment and takes
action to redesignate the Detroit AnnArbor area.
Pursuant to section 179(c)(1) of the
Act, EPA is also determining that the
Detroit-Ann Arbor area attained the
1997 annual PM2.5 NAAQS by its
attainment date of April 5, 2010. In
finalizing this action, EPA has satisfied
its obligation under section 179(c).
III. Statutory and Executive Order
Reviews
This final action makes attainment
determinations of the Detroit area’s
attainment of the 1997 PM2.5 NAAQS
based on air quality data and results in
the suspension of certain Federal
requirements and does not impose any
additional requirements. For that
reason, this final action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
II. What is the effect of this action?
of the Paperwork Reduction Act (44
Under the provisions of EPA’s PM2.5
U.S.C. 3501 et seq.);
implementation rule (40 CFR
• Is certified as not having a
51.1004(c)), EPA’s final determination
significant economic impact on a
that the area has attained the 1997
substantial number of small entities
annual PM2.5 standard, based on the
under the Regulatory Flexibility Act (5
most recent quality-assured and
U.S.C. 601 et seq.);
certified data, suspends the
• Does not contain any unfunded
requirements for the State of Michigan
mandate or significantly or uniquely
to submit for the Detroit Ann-Arbor area affect small governments, as described
an attainment demonstration and
in the Unfunded Mandates Reform Act
associated RACM (including RACT), a
of 1995 (Pub. L. 104–4);
RFP plan, contingency measures, and
• Does not have Federalism
any other planning SIPs related to
implications as specified in Executive
attainment of the 1997 PM2.5 NAAQS for Order 13132 (64 FR 43255, August 10,
so long as the area continues to attain
1999);
• Is not an economically significant
the 1997 annual PM2.5 NAAQS. If EPA
regulatory action based on health or
subsequently determines, after notice
and comment rulemaking, that this area safety risks subject to Executive Order
violates the 1997 annual PM2.5 NAAQS, 13045 (62 FR 19885, April 23, 1997);
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is 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 Act; and
• Does 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, these 1997 PM2.5 NAAQS
attainment determinations do not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
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 Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by January 7, 2013. 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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Particulate matter, Reporting
and recordkeeping requirements.
E:\FR\FM\06NOR1.SGM
06NOR1
Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations
Dated: October 19, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is 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 et seq.
2. Section 52.1173 is amended by
adding paragraphs (h) and (i) to read as
follows:
■
§ 52.1173
Control strategy: Particulates.
*
*
*
*
*
(h) Determination of Attainment. EPA
has determined, as of November 6, 2012,
that based on 2009–2011 ambient air
quality data, the Detroit-Ann Arbor
nonattainment area has attained the
1997 annual PM2.5 NAAQS. This
determination, in accordance with 40
CFR 51.1004(c), suspends the
requirements for this area to submit an
attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment of
the standard for as long as this area
continues to meet the 1997 annual PM2.5
NAAQS.
(i) Pursuant to Clean Air Act section
179(c), EPA has determined that the
Detroit-Ann Arbor area attained the
annual 1997 PM2.5 NAAQS by the
applicable attainment date, April 5,
2010.
[FR Doc. 2012–26957 Filed 11–5–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2008–0520; FRL 9748–9]
Approval and Promulgation of
Implementation Plans; Michigan;
Detroit-Ann Arbor Nonattainment Area;
Fine Particulate Matter 2005 Base Year
Emissions Inventory
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
EPA is approving the fine
particulate matter (PM2.5) 2005 base year
emissions inventory, a portion of the
State Implementation Plan (SIP)
revision submitted by the Michigan
Department of Environmental Quality
(MDEQ) on June 13, 2008. The
SUMMARY:
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emissions inventory is part of
Michigan’s SIP revision that was
submitted to meet the nonattainment
requirements related to the state’s
Detroit-Ann Arbor (Livingston,
Macomb, Monroe, Oakland, St. Clair,
Washtenaw, and Wayne Counties)
nonattainment area for the 1997 annual
PM2.5 national ambient air quality
standards (NAAQS). This action is being
taken pursuant to sections 110 and 172
of the Clean Air Act (CAA).
DATES: This final rule is effective on
December 6, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R05–OAR–2008–0520. All
documents in these dockets are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the U.S. Environmental Protection
Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Carolyn Persoon at (312)
353–8290 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT:
Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8290,
persoon.carolyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. What action is EPA taking?
II. Final Action
III. Statutory and Executive Order Reviews
I. What action is EPA taking?
On August 1, 2012 (77 FR 45532),
EPA published a proposed rulemaking
to approve Michigan’s PM2.5 2005 base
year emissions inventory for the DetroitAnn Arbor area. EPA did not receive
any comments, adverse or otherwise, on
the August 1, 2012, proposed
rulemaking. Pursuant to section 110 and
172 of the CAA, EPA is now taking final
action to approve the Detroit-Ann Arbor
area PM2.5 2005 base year emissions
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66547
inventory as provided in EPA’s August
1, 2012, proposed rulemaking. A
summary of the background for today’s
final action is provided below. For more
detail, please refer to EPA’s proposed
rulemaking at 77 FR 45532.
Section 172(c)(3) of the CAA requires
areas to submit a comprehensive,
accurate, and current inventory from all
sources of actual emissions of the
relevant pollutant or pollutants in such
area. Michigan selected 2005 as the base
year for the emissions inventory per 40
CFR 51.1008(b). Emissions contained in
Michigan’s SIP revision covered the
general source categories of point
sources, non-road mobile sources, area
sources, marine, aircraft and rail, and
on-road mobile sources. A detailed
discussion of the emissions inventory
and its development can be found in the
August 1, 2012, proposal. EPA has
reviewed Michigan’s Detroit-Ann Arbor
PM2.5 2005 base year emissions
inventory and has determined that it is
adequate for the purposes of meeting the
section 172(c)(3) emissions inventory
requirement. Further, EPA has made the
determination that the emissions were
developed consistent with the CAA,
implementing regulations, and EPA
guidance for emission inventories.
II. Final Action
EPA is taking final action to approve
the PM2.5 2005 base year emissions
inventory portion of the SIP revision
submitted by MDEQ on June 13, 2008,
consistent with sections 110 and 172 of
the CAA.
III. Statutory and Executive Order
Reviews
Under the CAA, 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. Accordingly, this final action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this final action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
E:\FR\FM\06NOR1.SGM
06NOR1
]]>Agencies
[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Rules and Regulations]
[Pages 66545-66547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26957]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2012-0467; FRL-9748-8]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan; Determination of Attainment of the 1997 Annual Fine Particle
Standard for the Detroit-Ann Arbor Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is making two final determinations under the Clean Air Act
(Act) regarding the 1997 annual fine particle (PM2.5)
nonattainment area of Detroit-Ann Arbor, Michigan (Livingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) (Detroit-Ann
Arbor area or area). First, EPA is determining that the Detroit-Ann
Arbor area has attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS). EPA made this determination of
attainment based upon complete, quality-assured, and certified ambient
air monitoring data for 2009-2011, showing that the area has monitored
attainment of the 1997 annual PM2.5 NAAQS. Preliminary data
available for 2012 indicate continued attainment. Pursuant to EPA rule,
this determination suspends the requirements for the Detroit-Ann Arbor
area to submit an attainment demonstration, associated reasonably
available control measures (RACM) to include reasonably available
control technology (RACT), a reasonable further progress (RFP) plan,
contingency measures, and other planning State Implementation Plan
(SIP) revisions related to attainment of the 1997 annual
PM2.5 NAAQS so long as the area continues to attain the
PM2.5 NAAQS. EPA is also determining, based on complete,
quality-assured and certified monitoring data for the 2007-2010
monitoring period, that the Detroit-Ann Arbor area had attained the
1997 annual PM2.5 NAAQS by the its attainment date of April
5, 2010.
DATES: Effective Date: This final rule is effective on December 6,
2012.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R05-OAR-2012-0467. All documents in these dockets are listed
on the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Carolyn Persoon at (312) 353-
8290 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-8290, persoon.carolyn@epa.gov.
[[Page 66546]]
SUPPLEMENTARY INFORMATION: This supplementary information section is
arranged as follows:
I. What action is EPA taking?
II. What is the effect of this action?
III. Statutory and Executive Order Reviews
I. What action is EPA taking?
In this action, EPA is making final determinations solely with
respect to the 1997 annual PM2.5 NAAQS. First, EPA is
finalizing its proposed determination that the Detroit-Ann Arbor area
has attained the 1997 annual PM2.5 NAAQS, based upon
complete, quality-assured, and certified ambient air monitoring data
for 2009-2011. Preliminary data for 2012 indicate continued attainment.
Second, pursuant to section 179(c) of the Act, EPA is finalizing the
proposed determination that the Detroit-Ann Arbor area attained the
1997 annual PM2.5 NAAQS by its attainment date, April 5,
2010.
On July 5, 2012 (77 FR 39659), EPA proposed these two
determinations related to the 1997 annual PM2.5 NAAQS. A
discussion of the rationale for these determinations and their effects
was included in the notice of proposed rulemaking. EPA received one
supportive comment related to these proposed determinations which can
be found in the docket. EPA received no adverse comments addressing
these proposed determinations for the 1997 PM2.5 NAAQS.
In its July 5, 2012 notice, EPA also proposed to make a separate
determination with respect to the Detroit-Ann Arbor area's attainment
of the 24-hour 2006 PM2.5 standard. EPA is not finalizing
its proposal with respect to the 2006 PM2.5 standard here.
Instead, EPA intends to address the attainment status of the Detroit-
Ann Arbor area for the 2006 PM2.5 standard in a future,
separate rulemaking action.
II. What is the effect of this action?
Under the provisions of EPA's PM2.5 implementation rule
(40 CFR 51.1004(c)), EPA's final determination that the area has
attained the 1997 annual PM2.5 standard, based on the most
recent quality-assured and certified data, suspends the requirements
for the State of Michigan to submit for the Detroit Ann-Arbor area an
attainment demonstration and associated RACM (including RACT), a RFP
plan, contingency measures, and any other planning SIPs related to
attainment of the 1997 PM2.5 NAAQS for so long as the area
continues to attain the 1997 annual PM2.5 NAAQS. If EPA
subsequently determines, after notice and comment rulemaking, that this
area violates the 1997 annual PM2.5 NAAQS, the basis for the
suspension of the specific requirements, set forth at 40 CFR
51.1004(c), would no longer exist and the area would thereafter have to
address the pertinent requirements.
This action does not constitute a redesignation of the Detroit Ann-
Arbor area to attainment of the 1997 annual PM2.5 NAAQS
under section 107(d)(3) of the Act. Further, this action is not an EPA
approval of a maintenance plan for the area as required under section
175A of the Act, nor a finding that the area has met all other
requirements for redesignation. Even after a determination of
attainment by EPA, the designation status of the Detroit Ann-Arbor area
remains nonattainment for the 1997 annual PM2.5 NAAQS until
such time as EPA determines that the area meets the Act requirements
for redesignation to attainment and takes action to redesignate the
Detroit Ann-Arbor area.
Pursuant to section 179(c)(1) of the Act, EPA is also determining
that the Detroit-Ann Arbor area attained the 1997 annual
PM2.5 NAAQS by its attainment date of April 5, 2010. In
finalizing this action, EPA has satisfied its obligation under section
179(c).
III. Statutory and Executive Order Reviews
This final action makes attainment determinations of the Detroit
area's attainment of the 1997 PM2.5 NAAQS based on air
quality data and results in the suspension of certain Federal
requirements and does not impose any additional requirements. For that
reason, this final action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is 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.);
Does 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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is 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 Act; and
Does 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, these 1997 PM2.5 NAAQS attainment
determinations do not have Tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the State, and
EPA notes that it will not impose substantial direct costs on Tribal
governments or preempt Tribal law.
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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by January 7, 2013. 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Reporting and recordkeeping
requirements.
[[Page 66547]]
Dated: October 19, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Section 52.1173 is amended by adding paragraphs (h) and (i) to read
as follows:
Sec. 52.1173 Control strategy: Particulates.
* * * * *
(h) Determination of Attainment. EPA has determined, as of November
6, 2012, that based on 2009-2011 ambient air quality data, the Detroit-
Ann Arbor nonattainment area has attained the 1997 annual
PM2.5 NAAQS. This determination, in accordance with 40 CFR
51.1004(c), suspends the requirements for this area to submit an
attainment demonstration, associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long
as this area continues to meet the 1997 annual PM2.5 NAAQS.
(i) Pursuant to Clean Air Act section 179(c), EPA has determined
that the Detroit-Ann Arbor area attained the annual 1997
PM2.5 NAAQS by the applicable attainment date, April 5,
2010.
[FR Doc. 2012-26957 Filed 11-5-12; 8:45 am]
BILLING CODE 6560-50-P
