Approval and Promulgation of Implementation Plans; Michigan; Detroit-Ann Arbor Nonattainment Area; Fine Particulate Matter 2005 Base Year Emissions Inventory, 66547-66548 [2012-26962]
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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.
erowe on DSK6TPTVN1PROD with RULES
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:
VerDate Mar<15>2010
14:24 Nov 05, 2012
Jkt 229001
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
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
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
66548
Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations
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 CAA; 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, this rule does 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 CAA,
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.
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. In § 52.1170 the table in paragraph
(e) is amended by adding a new entry
for ‘‘1997 Annual Fine Particulate
Matter 2005 Base Year Emissions
Inventory’’ at the end of the table to read
as follows:
■
§ 52.1170
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI–REGULATORY PROVISIONS
Applicable geographic
or nonattainment area
Name of nonregulatory SIP provision
State submittal date
*
*
*
*
1997 Annual Fine Particulate Matter 2005 Base Detroit-Ann Arbor area
Year Emissions Inventory.
(Livingston, Macomb,
Monroe, Oakland, St.
Clair, Washtenaw,
and Wayne Counties).
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
erowe on DSK6TPTVN1PROD with RULES
[EPA–R09–OAR–2012–0266; FRL–9736–9]
Revisions to the California State
Implementation Plan, San Joaquin
Valley Unified Air Pollution Control
District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
VerDate Mar<15>2010
14:24 Nov 05, 2012
Jkt 229001
*
*
11/6/12 [INSERT CITATION OF PUBLICATION].
EPA is approving revisions to
the San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD)
portion of the California State
Implementation Plan (SIP). This action
was proposed in the Federal Register on
April 26, 2012 and concerns oxides of
nitrogen (NOX) from solid fuel fired
boilers. We are approving a local rule
that regulates these emission sources
under the Clean Air Act (CAA or the
Act).
DATES: This rule will be effective on
December 6, 2012.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2012–0266 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
SUMMARY:
[FR Doc. 2012–26962 Filed 11–5–12; 8:45 am]
6/13/08
EPA approval date
PO 00000
Frm 00020
Fmt 4700
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Comments
*
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps, multivolume reports), and some may not be
available in either location (e.g.,
confidential business information
(CBI)). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
´
Idalia Perez, EPA Region IX, (415) 972–
3248, perez.idalia@epa.gov.
E:\FR\FM\06NOR1.SGM
06NOR1
]]>Agencies
[Federal Register Volume 77, Number 215 (Tuesday, November 6, 2012)]
[Rules and Regulations]
[Pages 66547-66548]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26962]
-----------------------------------------------------------------------
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
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: 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
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 Detroit-Ann 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 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
[[Page 66548]]
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 CAA; 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, this rule does 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 CAA, 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.
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. In Sec. 52.1170 the table in paragraph (e) is amended by adding a
new entry for ``1997 Annual Fine Particulate Matter 2005 Base Year
Emissions Inventory'' at the end of the table to read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Comments
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 Annual Fine Particulate Detroit-Ann Arbor 6/13/08 11/6/12 [INSERT ....................
Matter 2005 Base Year Emissions area (Livingston, CITATION OF
Inventory. Macomb, Monroe, PUBLICATION].
Oakland, St. Clair,
Washtenaw, and
Wayne Counties).
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2012-26962 Filed 11-5-12; 8:45 am]
BILLING CODE 6560-50-P
