Approval and Promulgation of Air Quality Implementation Plans; Michigan; Redesignation of the Detroit-Ann Arbor Area to Attainment of the 1997 Annual Standard and the 2006 24-Hour Standard for Fine Particulate Matter, 53272-53275 [2013-21020]
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<![CDATA[
53272
Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: April 25, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations 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.
Subpart F—California
2. Section 52.220 is amended by
adding paragraphs (c)(159)(i)(B) and
(c)(427) to read as follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(159) * * *
(i) * * *
(A) * * *
(B) Previously approved on February
6, 1985 and now deleted without
replacement: Rule 202.
*
*
*
*
*
(427) New and amended regulations
for the following APCDs were
submitted on September 26, 2012, by
the Governor’s Designee.
(i) Incorporation by Reference.
(A) Sacramento Metropolitan Air
Quality Management District.
(1) Rule 214, ‘‘Federal New Source
Review,’’ amended on August 23, 2012.
(2) Rule 217, ‘‘Public Notice
Requirements for Permits,’’ adopted on
August 23, 2012.
[FR Doc. 2013–20920 Filed 8–28–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
mstockstill on DSK4VPTVN1PROD with RULES
[EPA–R05–OAR–2011–0673; FRL–9900–49–
Region5]
Approval and Promulgation of Air
Quality Implementation Plans;
Michigan; Redesignation of the DetroitAnn Arbor Area to Attainment of the
1997 Annual Standard and the 2006
24-Hour Standard for Fine Particulate
Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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EPA is approving, under the
Clean Air Act (CAA), the state of
Michigan’s request to redesignate the
Detroit-Ann Arbor nonattainment area
(Livingston, Macomb, Monroe, Oakland,
St. Clair, Washtenaw, and Wayne
Counties) to attainment for the 1997
annual and 2006 24-hour national
ambient air quality standards (NAAQS
or standard) for fine particulate matter
(PM2.5). On July 5, 2011, the Michigan
Department of Environmental Quality
(MDEQ) submitted a request for EPA to
redesignate the Detroit-Ann Arbor
Michigan nonattainment area. EPA
determined that the Detroit-Ann Arbor
area has attained the 1997 annual and
2006 24-hour PM2.5 standard, and
proposed on July 2, 2013, to approve
Michigan’s request to redesignate the
area. EPA is taking final action today on
that proposal. EPA also is taking final
action in this rulemaking on several
related proposals. EPA is approving, as
a revision to the Michigan state
implementation plan (SIP), the state’s
plan for maintaining the 1997 annual
and 2006 24-hour PM2.5 NAAQS in the
area through 2023. Finally, EPA finds
adequate and is approving Michigan’s
nitrogen oxides (NOX) and PM2.5 Motor
Vehicle Emission Budgets (MVEBs) for
2023 for the Detroit-Ann Arbor area.
EPA, therefore, grants Michigan’s
request to redesignate the Detroit-Ann
Arbor area to attainment for the 1997
annual and 2006 24-hour PM2.5
standards.
DATES: Effective Date: This rule will be
effective August 29, 2013.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification EPA–R05–OAR–2011–
0673. 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
SUMMARY:
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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 is the background for the actions?
II. What actions is EPA taking?
III. What is EPA’s response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What is the background for the
actions?
On July 5, 2011, MDEQ submitted its
request to redesignate the Detroit-Ann
Arbor nonattainment area to attainment
for the 1997 annual and 2006 24-hour
PM2.5 NAAQS, and for EPA approval of
the state’s SIP revision containing a
maintenance plan for the area. On July
2, 2013, (78 FR 39654), EPA proposed
approval of Michigan’s redesignation
request and plan for maintaining the
1997 annual and 2006 24-hour PM2.5
NAAQS. EPA also proposed approval of
Michigan’s MVEBs for PM2.5 and NOX
for 2023 for the area. Additional
background for today’s action is set
forth in EPA’s July 2, 2013, proposed
rulemaking.
II. What actions is EPA taking?
EPA has determined that the entire
Detroit-Ann Arbor area is attaining the
1997 annual and 2006 24-hour PM2.5
standards (78 FR 39654) and that the
Detroit-Ann Arbor area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. Thus,
EPA is approving the requests from the
state of Michigan to change the legal
designation of the Detroit-Ann Arbor
area from nonattainment to attainment
for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. EPA is also taking
several additional actions related to
Michigan’s PM2.5 redesignation
requests, as discussed below.
EPA is approving Michigan’s PM2.5
maintenance plan for the Detroit-Ann
Arbor area as a revision to the Michigan
SIP (such approval being one of the
CAA criteria for redesignation to
attainment status). The maintenance
plan is designed to keep the Detroit-Ann
Arbor area in attainment of the 1997
annual and 2006 24-hour PM2.5 NAAQS
through 2023.
EPA also finds adequate and is
approving Michigan’s 2023 primary
PM2.5 and NOX MVEBs for the DetroitAnn Arbor area. These MVEBs will be
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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
used in future transportation conformity
analyses for the area.
III. What is EPA’s response to
comments?
EPA received two sets of supportive
comments on its proposed rulemaking
which have been added to the docket.
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IV. Why is EPA taking these actions?
EPA has determined that the DetroitAnn Arbor area has attained the 1997
annual and 2006 24-hour PM2.5 NAAQS.
EPA has also determined that all other
criteria have been met for the
redesignation of the Detroit-Ann Arbor
area from nonattainment to attainment
of the 1997 annual and 2006 24-hour
PM2.5 NAAQS and for approval of
Michigan’s maintenance plan for the
area. See CAA sections 107(d)(3)(E) and
175A. The detailed rationale for EPA’s
findings and actions is set forth in the
proposed rulemaking of July 2, 2013 (78
FR 39654).
V. Final Action
EPA is determining that the DetroitAnn Arbor area has attained the
standards and that the area meets the
requirements for redesignation to
attainment of that standard under
sections 107(d)(3)(E) and 175A of the
CAA. Thus, EPA is granting the request
from Michigan to change the legal
designation of the Detroit-Ann Arbor
area from nonattainment to attainment
for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. EPA is also approving
Michigan’s 1997 annual and 2006 24hour PM2.5 maintenance plan for the
Detroit-Ann Arbor area as a revision to
the SIP because the plan meets the
requirements of section 175A of the
CAA. Finally, EPA finds adequate and
is approving Michigan’s 2023 primary
PM2.5 and NOX MVEBs for the DetroitAnn Arbor area. These MVEBs will be
used in future transportation conformity
analyses for the area after the effective
date for the adequacy finding and
approval.
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
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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 Michigan of
various requirements for the DetroitAnn Arbor 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.
VI. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of the
maintenance plan under CAA section
107(d)(3)(E) are actions that affect the
status of geographical area and do not
impose any additional regulatory
requirements on sources beyond those
required by state law. A redesignation to
attainment does not in and of itself
impose any new requirements, but
rather results in the application 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
Act 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 action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For these
reasons, this 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
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53273
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 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 final 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 Commonwealth, 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 October 28, 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
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Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
Dated: August 15, 2013.
Susan Hedman,
Regional Administrator, Region 5.
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,
Particulate matter.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
2. In § 52.1170 the table in paragraph
(e) is amended by adding new entries
for ‘‘1997 Annual PM2.5 Maintenance
Plan’’ and ‘‘2006 24-Hour PM2.5
Maintenance Plan’’ at the end of the
table to read as follows:
■
40 CFR Parts 52 and 81 are amended
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.1170
*
Identification of plan.
*
*
(e) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Name of nonregulatory SIP
provision
*
1997 Annual PM2.5 Maintenance Plan.
Applicable geographic or nonattainment
area
*
2006 24-Hour PM2.5 Maintenance Plan.
*
*
Detroit-Ann
Arbor
area
(Livingston,
Macomb, Monroe, Oakland, St. Clair,
Washtenaw, and Wayne Counties).
Detroit-Ann
Arbor
area
(Livingston,
Macomb, Monroe, Oakland, St. Clair,
Washtenaw, and Wayne Counties).
3. Section 52.1173 is amended by
adding paragraphs (j) and (k) to read as
follows:
■
§ 52.1173
State submittal
date
Control strategy: Particulates.
*
*
*
*
*
(j) Approval—The 1997 annual PM2.5
maintenance plans for the Detroit-Ann
Arbor nonattainment area (Livingston,
Macomb, Monroe, Oakland, St. Clair,
Washtenaw, and Wayne Counties), has
been approved as submitted on July 5,
2011. The maintenance plan establishes
2023 motor vehicle emissions budgets
for the Detroit-Ann Arbor area of 4,360
EPA Approval date
Comments
*
7/05/2011
*
8/29/2013 [INSERT CITATION OF PUBLICATION].
7/05/2011
8/29/2013 [INSERT CITATION OF PUBLICATION].
tpy for primary PM2.5 and 119,194 tpy
for NOX.
(k) Approval—The 2006 24-Hour
PM2.5 maintenance plans for the DetroitAnn Arbor nonattainment area
(Livingston, Macomb, Monroe, Oakland,
St. Clair, Washtenaw, and Wayne
Counties), has been approved as
submitted on July 5, 2011. The
maintenance plan establishes 2023
motor vehicle emissions budgets for the
Detroit-Ann Arbor area of 16 tpd for
primary PM2.5 and 365 tpd for NOX.
*
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. The authority citation for part 81
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
5. Section 81.323 is amended by
revising the entry for Detroit-Ann Arbor,
MI in the tables entitled ‘‘Michigan—
PM2.5 (Annual NAAQS)’’ and
‘‘Michigan—PM2.5 (24-Hour NAAQS)’’
to read as follows:
■
§ 81.323
*
*
Michigan.
*
*
*
MICHIGAN—PM2.5 (ANNUAL NAAQS)
Designation a
Designated area
Date 1
Detroit-Ann Arbor, MI: Livingston County, Macomb County, Monroe County, Oakland County, St. Clair County, Washtenaw County, Wayne County.
*
*
*
*
*
8/29/2013
*
Type
Attainment.
*
a Includes
1 This
Indian Country located in each county or area, except as otherwise specified.
date is 90 days after January 5, 2005, unless otherwise noted.
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MICHIGAN—PM2.5 (24-HOUR NAAQS)
Designation for the 1997 NAAQS a
Designation for the 2006
NAAQS a
Designated area
Date 1
Detroit-Ann Arbor, MI: Livingston County, Macomb County,
Monroe County, Oakland County, St. Clair County,
Washtenaw County, Wayne County.
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Type
........................
Unclassifiable/Attainment ......
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Date 2
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8/29/2013
Type
Attainment.
53275
Federal Register / Vol. 78, No. 168 / Thursday, August 29, 2013 / Rules and Regulations
MICHIGAN—PM2.5 (24-HOUR NAAQS)—Continued
Designation for the 1997 NAAQS a
Designation for the 2006
NAAQS a
Designated area
Date 1
*
*
*
Type
*
Date 2
*
*
Type
*
a Includes
Indian Country located in each county or area, except as otherwise specified.
1 This date is 90 days after January 5, 2005, unless otherwise noted.
2 This date is 30 days after November 13, 2009, unless otherwise noted.
*
*
*
*
*
[FR Doc. 2013–21020 Filed 8–28–13; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R05–OAR–2012–0212, EPA–R05–
OAR–2012–0338; FRL–9900–28–Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Redesignation of the Ohio Portions of
the Parkersburg-Marietta and Wheeling
Areas to Attainment of the 1997 Annual
Fine Particulate Matter Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking several related
actions under the Clean Air Act (CAA)
affecting the state of Ohio and the Ohio
portions of the Parkersburg-Marietta and
Wheeling, West Virginia-Ohio areas for
the 1997 annual fine particulate matter
(PM2.5) national ambient air quality
standard (NAAQS or standard). EPA is
approving requests from the state of
Ohio to redesignate the Ohio portions of
the Parkersburg-Marietta and Wheeling
areas to attainment of the 1997 annual
PM2.5 standard. EPA is approving, as a
revision to the Ohio state
implementation plan (SIP), the state’s
plans for maintaining the 1997 annual
PM2.5 standard in those areas through
2023. EPA is determining the
insignificance of the motor vehicle
emission budgets (MVEBs) for purposes
of transportation conformity in those
areas. EPA is approving the
comprehensive inventories submitted
by Ohio for the oxides of nitrogen
(NOX), primary PM2.5, and sulfur
dioxide (SO2), ammonia and volatile
organic compounds (VOC) in the
Parkersburg-Marietta area (Washington
County), and in the Wheeling area
(Belmont County) as meeting the
requirements of the CAA. Finally, EPA
is determining that the areas continue to
maintain the 1997 annual PM2.5
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SUMMARY:
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standard based on certified 2009–2011
air quality data.
DATES: This final rule is effective August
29, 2013.
ADDRESSES: EPA has established dockets
for this action: Docket ID Nos. EPA–
R05–OAR–2012–0212 (ParkersburgMarietta) and EPA–R05–OAR–2012–
0338 (Wheeling). All documents in the
dockets are listed on the
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 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 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
Federal holidays. We recommend that
you telephone Anthony Maietta,
Environmental Protection Specialist, at
(312) 353–8777, before visiting the
Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777,
maietta.anthony@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:
Table of Contents
I. What is the background for the actions?
II. What actions is EPA taking?
III. Statutory and Executive Order Reviews
I. What is the background for the
actions?
On December 2, 2011 (76 FR 75464),
EPA issued a final determination that
PO 00000
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the Parkersburg-Marietta and Wheeling
nonattainment areas were attaining the
1997 annual PM2.5 standard.
On February 29, 2012, Ohio submitted
its request to redesignate the Ohio
portion of Parkersburg-Marietta
(Washington County) to attainment of
the 1997 annual PM2.5 standard. On
April 16, 2012, Ohio submitted its
request to redesignate the Ohio portion
of Wheeling (Belmont County) to
attainment of the 1997 annual PM2.5
standard. These redesignation requests
are based on 2008–2010 monitoring data
showing attainment of the 1997 annual
PM2.5 standard.
On November 30, 2012 (77 FR 71383,
77 FR 71371), EPA published notices
proposing to approve Ohio’s requests to
redesignate the Ohio portions of the
Parkersburg-Marietta and Wheeling
areas to attainment of the 1997 annual
PM2.5 standard. These rulemaking
notices also proposed to approve Ohio’s
PM2.5 maintenance plan, 2005 NOX,
SO2, and primary PM2.5 emission
inventories for Washington and Belmont
Counties, and proposed to determine
the insignificance of the 2022 NOX and
PM2.5 MVEBs for Washington and
Belmont Counties. These rulemaking
notices also proposed to determine that
the Ohio portions of the ParkersburgMarietta and Wheeling areas continue to
attain the 1997 PM2.5 annual standard
based on certified 2009–2011 air quality
data. For each proposed action, one
supportive comment was received from
the Ohio Utility Group, and no adverse
comments were received.
On April 30, 2013, Ohio provided
ammonia and VOC emissions
inventories to EPA to supplement the
February 29, 2012, and April 16, 2012,
requests for redesignation.
On June 26, 2013 (78 FR 38256, 78 FR
38247), EPA published supplemental
notices proposing to determine that the
Ohio portions of Parkersburg-Marietta
and Wheeling continue to attain the
1997 annual standard and have met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA. EPA
received one supportive comment from
the Ohio Utility Group on the
supplemental notice for the Ohio
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]]>Agencies
[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53272-53275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21020]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R05-OAR-2011-0673; FRL-9900-49-Region5]
Approval and Promulgation of Air Quality Implementation Plans;
Michigan; Redesignation of the Detroit-Ann Arbor Area to Attainment of
the 1997 Annual Standard and the 2006 24-Hour Standard for Fine
Particulate Matter
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving, under the Clean Air Act (CAA), the state of
Michigan's request to redesignate the Detroit-Ann Arbor nonattainment
area (Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and
Wayne Counties) to attainment for the 1997 annual and 2006 24-hour
national ambient air quality standards (NAAQS or standard) for fine
particulate matter (PM2.5). On July 5, 2011, the Michigan
Department of Environmental Quality (MDEQ) submitted a request for EPA
to redesignate the Detroit-Ann Arbor Michigan nonattainment area. EPA
determined that the Detroit-Ann Arbor area has attained the 1997 annual
and 2006 24-hour PM2.5 standard, and proposed on July 2,
2013, to approve Michigan's request to redesignate the area. EPA is
taking final action today on that proposal. EPA also is taking final
action in this rulemaking on several related proposals. EPA is
approving, as a revision to the Michigan state implementation plan
(SIP), the state's plan for maintaining the 1997 annual and 2006 24-
hour PM2.5 NAAQS in the area through 2023. Finally, EPA
finds adequate and is approving Michigan's nitrogen oxides
(NOX) and PM2.5 Motor Vehicle Emission Budgets
(MVEBs) for 2023 for the Detroit-Ann Arbor area. EPA, therefore, grants
Michigan's request to redesignate the Detroit-Ann Arbor area to
attainment for the 1997 annual and 2006 24-hour PM2.5
standards.
DATES: Effective Date: This rule will be effective August 29, 2013.
ADDRESSES: EPA has established a docket for this action under Docket
Identification EPA-R05-OAR-2011-0673. 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 is the background for the actions?
II. What actions is EPA taking?
III. What is EPA's response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews
I. What is the background for the actions?
On July 5, 2011, MDEQ submitted its request to redesignate the
Detroit-Ann Arbor nonattainment area to attainment for the 1997 annual
and 2006 24-hour PM2.5 NAAQS, and for EPA approval of the
state's SIP revision containing a maintenance plan for the area. On
July 2, 2013, (78 FR 39654), EPA proposed approval of Michigan's
redesignation request and plan for maintaining the 1997 annual and 2006
24-hour PM2.5 NAAQS. EPA also proposed approval of
Michigan's MVEBs for PM2.5 and NOX for 2023 for
the area. Additional background for today's action is set forth in
EPA's July 2, 2013, proposed rulemaking.
II. What actions is EPA taking?
EPA has determined that the entire Detroit-Ann Arbor area is
attaining the 1997 annual and 2006 24-hour PM2.5 standards
(78 FR 39654) and that the Detroit-Ann Arbor area has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
Thus, EPA is approving the requests from the state of Michigan to
change the legal designation of the Detroit-Ann Arbor area from
nonattainment to attainment for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. EPA is also taking several additional actions
related to Michigan's PM2.5 redesignation requests, as
discussed below.
EPA is approving Michigan's PM2.5 maintenance plan for
the Detroit-Ann Arbor area as a revision to the Michigan SIP (such
approval being one of the CAA criteria for redesignation to attainment
status). The maintenance plan is designed to keep the Detroit-Ann Arbor
area in attainment of the 1997 annual and 2006 24-hour PM2.5
NAAQS through 2023.
EPA also finds adequate and is approving Michigan's 2023 primary
PM2.5 and NOX MVEBs for the Detroit-Ann Arbor
area. These MVEBs will be
[[Page 53273]]
used in future transportation conformity analyses for the area.
III. What is EPA's response to comments?
EPA received two sets of supportive comments on its proposed
rulemaking which have been added to the docket.
IV. Why is EPA taking these actions?
EPA has determined that the Detroit-Ann Arbor area has attained the
1997 annual and 2006 24-hour PM2.5 NAAQS. EPA has also
determined that all other criteria have been met for the redesignation
of the Detroit-Ann Arbor area from nonattainment to attainment of the
1997 annual and 2006 24-hour PM2.5 NAAQS and for approval of
Michigan's maintenance plan for the area. See CAA sections 107(d)(3)(E)
and 175A. The detailed rationale for EPA's findings and actions is set
forth in the proposed rulemaking of July 2, 2013 (78 FR 39654).
V. Final Action
EPA is determining that the Detroit-Ann Arbor area has attained the
standards and that the area meets the requirements for redesignation to
attainment of that standard under sections 107(d)(3)(E) and 175A of the
CAA. Thus, EPA is granting the request from Michigan to change the
legal designation of the Detroit-Ann Arbor area from nonattainment to
attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS.
EPA is also approving Michigan's 1997 annual and 2006 24-hour
PM2.5 maintenance plan for the Detroit-Ann Arbor area as a
revision to the SIP because the plan meets the requirements of section
175A of the CAA. Finally, EPA finds adequate and is approving
Michigan's 2023 primary PM2.5 and NOX MVEBs for
the Detroit-Ann Arbor area. These MVEBs will be used in future
transportation conformity analyses for the area after the effective
date for the adequacy finding and approval.
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 Michigan of various requirements
for the Detroit-Ann Arbor 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.
VI. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application 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 Act 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 action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For these reasons, this 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 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 final 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 Commonwealth, 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 October 28, 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
[[Page 53274]]
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, Particulate matter.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: August 15, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR Parts 52 and 81 are 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 new
entries for ``1997 Annual PM2.5 Maintenance Plan'' and
``2006 24-Hour PM2.5 Maintenance Plan'' 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
Name of nonregulatory SIP geographic or State EPA Approval date Comments
provision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 Annual PM2.5 Maintenance Detroit-Ann Arbor 7/05/2011 8/29/2013 [INSERT .......................
Plan. area (Livingston, CITATION OF
Macomb, Monroe, PUBLICATION].
Oakland, St.
Clair, Washtenaw,
and Wayne
Counties).
2006 24-Hour PM2.5 Maintenance Detroit-Ann Arbor 7/05/2011 8/29/2013 [INSERT .......................
Plan. area (Livingston, CITATION OF
Macomb, Monroe, PUBLICATION].
Oakland, St.
Clair, Washtenaw,
and Wayne
Counties).
----------------------------------------------------------------------------------------------------------------
0
3. Section 52.1173 is amended by adding paragraphs (j) and (k) to read
as follows:
Sec. 52.1173 Control strategy: Particulates.
* * * * *
(j) Approval--The 1997 annual PM2.5 maintenance plans
for the Detroit-Ann Arbor nonattainment area (Livingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties), has been
approved as submitted on July 5, 2011. The maintenance plan establishes
2023 motor vehicle emissions budgets for the Detroit-Ann Arbor area of
4,360 tpy for primary PM2.5 and 119,194 tpy for
NOX.
(k) Approval--The 2006 24-Hour PM2.5 maintenance plans
for the Detroit-Ann Arbor nonattainment area (Livingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties), has been
approved as submitted on July 5, 2011. The maintenance plan establishes
2023 motor vehicle emissions budgets for the Detroit-Ann Arbor area of
16 tpd for primary PM2.5 and 365 tpd for NOX.
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
5. Section 81.323 is amended by revising the entry for Detroit-Ann
Arbor, MI in the tables entitled ``Michigan--PM2.5 (Annual
NAAQS)'' and ``Michigan--PM2.5 (24-Hour NAAQS)'' to read as
follows:
Sec. 81.323 Michigan.
* * * * *
Michigan--PM2.5 (Annual NAAQS)
------------------------------------------------------------------------
Designation \a\
Designated area ---------------------------------------
Date \1\ Type
------------------------------------------------------------------------
Detroit-Ann Arbor, MI: 8/29/2013 Attainment.
Livingston County, Macomb
County, Monroe County, Oakland
County, St. Clair County,
Washtenaw County, Wayne County.
* * * * * * *
------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as
otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
Michigan--PM2.5 (24-Hour NAAQS)
----------------------------------------------------------------------------------------------------------------
Designation for the 1997 NAAQS \a\ Designation for the 2006 NAAQS \a\
Designated area ------------------------------------------------------------------------------
Date \1\ Type Date \2\ Type
----------------------------------------------------------------------------------------------------------------
Detroit-Ann Arbor, MI: Livingston .............. Unclassifiable/ 8/29/2013 Attainment.
County, Macomb County, Monroe Attainment.
County, Oakland County, St.
Clair County, Washtenaw County,
Wayne County.
[[Page 53275]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.
* * * * *
[FR Doc. 2013-21020 Filed 8-28-13; 8:45 am]
BILLING CODE 6560-50-P
