Air Plan Approval; Michigan; Second Limited Maintenance Plans for 1997 Ozone NAAQS, 13057-13059 [2020-04356]
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Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations
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).
C. Petitions for Judicial Review
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
Dated: February 12, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
List of Subjects in 40 CFR Part 52
■
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Applicable geographic area
*
*
Negative Declaration for the 2016
Oil and Natural Gas CTG.
*
*
District of Columbia ......................
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2019–0467; FRL–10006–
00-Region 5]
Air Plan Approval; Michigan; Second
Limited Maintenance Plans for 1997
Ozone NAAQS
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Clean Air Act
(CAA), the Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the State of Michigan. On
July 24, 2019, the state submitted the
1997 ozone National Ambient Air
Quality Standard (NAAQS) Limited
Maintenance Plans (LMPs) for the
Benzie County, Flint (Genesee and
Lapeer Counties), Grand Rapids (Ottawa
and Kent Counties), Huron County,
Kalamazoo-Battle Creek (Calhoun,
Kalamazoo, and Van Buren Counties),
Lansing-East Lansing (Clinton, Eaton,
and Ingham Counties), and Mason
SUMMARY:
VerDate Sep<11>2014
18:41 Mar 05, 2020
Jkt 250001
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.
Subpart J—District of Columbia
2. Amend § 52.470 in the table in
paragraph (e) by adding an entry for
‘‘Negative Declaration for the 2016 Oil
and Natural Gas CTG’’ at the end of the
table to read as follows:
§ 52.470
*
Name of non-regulatory SIP
revision
[FR Doc. 2020–03670 Filed 3–5–20; 8:45 am]
lotter on DSKBCFDHB2PROD with RULES
circuit by May 5, 2020. 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, approving the
District’s negative declaration for the
2016 Oil and Gas CTG, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
State
submittal
date
Frm 00073
Fmt 4700
*
EPA approval date
*
*
7/17/19 3/6, 2020, [Insert Federal Register citation].
County areas. EPA is approving these
Michigan LMPs because they provide
for the maintenance of the 1997 ozone
NAAQS through the end of the second
10-year portion of the maintenance
period. EPA proposed to approve the
submission on December 4, 2019, and
received two comments. This approval
makes certain commitments related to
maintenance of the 1997 ozone NAAQS
in these areas federally enforceable as
part of the Michigan SIP.
DATES: This final rule is effective on
April 6, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2019–0467. All
documents in the docket are listed on
the www.regulations.gov website.
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 through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
PO 00000
Identification of plan.
*
*
(e) * * *
Sfmt 4700
*
Additional
explanation
*
Docket 2019–0552.
Illinois 60604. We recommend that you
telephone Matt Rau, Environmental
Engineer, at (312) 886–6524 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Matt
Rau, Environmental Engineer, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6524, rau.matthew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background Information
On December 4, 2019 (84 FR 66347),
EPA proposed to approve the 1997
ozone NAAQS LMPs for the Benzie
County, Flint, Grand Rapids, Huron
County, Kalamazoo-Battle Creek,
Lansing-East Lansing, and Mason
County areas, submitted by Michigan on
July 24, 2019. An explanation of the
CAA requirements, a detailed analysis
of the revisions, and EPA’s reasons for
proposing approval were provided in
the notice of proposed rulemaking. EPA
will not reiterate the reasons for
approval in this rule. The public
comment period ended on January 3,
2020. EPA received two comments on
the proposal.
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Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations
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II. Response to Comments
EPA received two anonymous
comments during the comment period.
A summary of each comment precedes
EPA’s response. The full comments are
in the rulemaking docket, see Addresses
for details on accessing the docket.
Comment 1: Please explicitly state
when the second maintenance period
ends. Also, please explain what
happens to the state’s maintenance plan
once the second maintenance plan ends.
Response: EPA approved maintenance
plans for the Benzie County, Flint,
Grand Rapids, Huron County,
Kalamazoo-Battle Creek, Lansing-East
Lansing, and Mason County areas
effective on May 16, 2007 (72 FR
27425). The LMPs for these areas
provide for the maintenance of the 1997
ozone NAAQS through the end of the
second 10-year portion of the
maintenance period. Thus, the
maintenance period ends on May 16,
2027.
At the end of the 20-year maintenance
period the maintenance plan remains in
place and in effect. A state may revise
its SIP, including its maintenance plan,
after the 20-year period, subject to a
CAA section 110(l) demonstration.
Comment 2: EPA should disapprove
the contingency measures until the state
comes up with better, more specific and
not yet implemented contingency
measures.
Response: Contrary to the
commenter’s assertion, Michigan has
included a list of specific potential
contingency measures in its
maintenance plan. These measures are
the same list as was included in the
original maintenance plans for the areas.
While some of the measures may have
been implemented, this is certainly not
the case for all such as portable fuel
container replacement rule, reduce
idling program, transit improvements,
etc. Even if the State has adopted some
measures in a category, that doesn’t
preclude the State from adopting
additional measures in the same
category. For example, if a state had
adopted a reduced idling program, the
state could still implement a more
stringent program across a wider portion
of the vehicle fleet. Furthermore,
because it is not possible to determine
what control measure will be most
appropriate and effective should a
contingency measure be triggered at
some point in the future, Michigan is
not limited to selecting measures only
from its list. If a contingency measure is
triggered, Michigan may adopt a
contingency measure from this list or
chose another contingency measure
VerDate Sep<11>2014
17:52 Mar 05, 2020
Jkt 250001
which has been determined to be
effective.
III. Final Action
EPA is approving the LMPs for the
Benzie County, Flint (Genesee and
Lapeer Counties), Grand Rapids (Ottawa
and Kent Counties), Huron County,
Kalamazoo-Battle Creek (Calhoun,
Kalamazoo, and Van Buren Counties),
Lansing-East Lansing (Clinton, Eaton,
and Ingham Counties), and Mason
County areas in Michigan for the 1997
ozone NAAQS. EPA finds the LMPs are
adequate to provide for maintenance of
the 1997 ozone NAAQS in these areas
through the end of the second 10-year
portion of the maintenance period.
IV. Statutory and Executive Order
Reviews
Under section 175A of 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 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 action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because it is not a significant
regulatory action under Executive Order
12866;
• 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);
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
• 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, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 May 5, 2020. 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, Intergovernmental relations,
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13059
Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations
Nitrogen dioxide, Ozone, Volatile
organic compounds.
2. In § 52.1170, the table in paragraph
(e) is amended by revising the three
entries for ‘‘1997 8-hour ozone’’ under
‘‘Maintenance Plans’’ to read as follows:
■
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Dated: February 21, 2020.
Kurt A. Thiede,
Regional Administrator, Region 5.
1. The authority citation for part 52
continues to read as follows:
■
Amend 40 CFR part 52 as follows:
§ 52.1170
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED MICHIGAN NONREGULATORY AND QUASI-REGULATORY PROVISIONS
Name of nonregulatory
SIP provision
Applicable geographic or nonattainment area
*
*
*
State submittal date
*
EPA approval date
*
*
Comments
*
Maintenance Plans
*
1997 8-hour ozone .....
1997 8-hour ozone .....
1997 8-hour ozone .....
*
*
*
*
Benzie County, Flint, Grand Rapids, Huron 7/24/2019 ...................
County, Kalamazoo-Battle Creek, LansingEast Lansing, and Mason County.
Benton Harbor, Cass County, and Muskegon 6/13/2006, 8/25/2006,
and 11/30/2006.
Detroit-Ann Arbor ........................................... 3/6/2009 .....................
*
*
*
*
*
*
*
*
[FR Doc. 2020–04356 Filed 3–5–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2019–0130; FRL–10004–08]
Trifloxystrobin; Pesticide Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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VerDate Sep<11>2014
17:52 Mar 05, 2020
Jkt 250001
*
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
This regulation establishes a
tolerance for residues of trifloxystrobin
in or on pea and bean, dried shelled,
except soybean, subgroup 6C. Bayer
CropScience requested this tolerance
under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective
March 6, 2020. Objections and requests
for hearings must be received on or
before May 5, 2020, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0130, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
SUMMARY:
*
Michael Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
PO 00000
Frm 00075
Fmt 4700
*
3/6/2020, [insert Federal Register citation].
5/16/2007, 72 FR
27425.
6/29/2009, 74 FR
30950.
Sfmt 4700
*
*
2nd limited maintenance plan.
*
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Publishing Office’s
e-CFR site at https://www.ecfr.gov/cgibin/text-idx?&c=ecfr&tpl=/ecfrbrowse/
Title40/40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2019–0130 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before May
5, 2020. Addresses for mail and hand
delivery of objections and hearing
requests are provided in 40 CFR
178.25(b).
E:\FR\FM\06MRR1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Rules and Regulations]
[Pages 13057-13059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04356]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2019-0467; FRL-10006-00-Region 5]
Air Plan Approval; Michigan; Second Limited Maintenance Plans for
1997 Ozone NAAQS
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Clean Air Act (CAA), the Environmental
Protection Agency (EPA) is approving a state implementation plan (SIP)
revision submitted by the State of Michigan. On July 24, 2019, the
state submitted the 1997 ozone National Ambient Air Quality Standard
(NAAQS) Limited Maintenance Plans (LMPs) for the Benzie County, Flint
(Genesee and Lapeer Counties), Grand Rapids (Ottawa and Kent Counties),
Huron County, Kalamazoo-Battle Creek (Calhoun, Kalamazoo, and Van Buren
Counties), Lansing-East Lansing (Clinton, Eaton, and Ingham Counties),
and Mason County areas. EPA is approving these Michigan LMPs because
they provide for the maintenance of the 1997 ozone NAAQS through the
end of the second 10-year portion of the maintenance period. EPA
proposed to approve the submission on December 4, 2019, and received
two comments. This approval makes certain commitments related to
maintenance of the 1997 ozone NAAQS in these areas federally
enforceable as part of the Michigan SIP.
DATES: This final rule is effective on April 6, 2020.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2019-0467. All documents in the docket are listed on
the www.regulations.gov website. 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
through www.regulations.gov or at the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. We recommend that you telephone Matt Rau,
Environmental Engineer, at (312) 886-6524 before visiting the Region 5
office.
FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6524, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. Background Information
On December 4, 2019 (84 FR 66347), EPA proposed to approve the 1997
ozone NAAQS LMPs for the Benzie County, Flint, Grand Rapids, Huron
County, Kalamazoo-Battle Creek, Lansing-East Lansing, and Mason County
areas, submitted by Michigan on July 24, 2019. An explanation of the
CAA requirements, a detailed analysis of the revisions, and EPA's
reasons for proposing approval were provided in the notice of proposed
rulemaking. EPA will not reiterate the reasons for approval in this
rule. The public comment period ended on January 3, 2020. EPA received
two comments on the proposal.
[[Page 13058]]
II. Response to Comments
EPA received two anonymous comments during the comment period. A
summary of each comment precedes EPA's response. The full comments are
in the rulemaking docket, see Addresses for details on accessing the
docket.
Comment 1: Please explicitly state when the second maintenance
period ends. Also, please explain what happens to the state's
maintenance plan once the second maintenance plan ends.
Response: EPA approved maintenance plans for the Benzie County,
Flint, Grand Rapids, Huron County, Kalamazoo-Battle Creek, Lansing-East
Lansing, and Mason County areas effective on May 16, 2007 (72 FR
27425). The LMPs for these areas provide for the maintenance of the
1997 ozone NAAQS through the end of the second 10-year portion of the
maintenance period. Thus, the maintenance period ends on May 16, 2027.
At the end of the 20-year maintenance period the maintenance plan
remains in place and in effect. A state may revise its SIP, including
its maintenance plan, after the 20-year period, subject to a CAA
section 110(l) demonstration.
Comment 2: EPA should disapprove the contingency measures until the
state comes up with better, more specific and not yet implemented
contingency measures.
Response: Contrary to the commenter's assertion, Michigan has
included a list of specific potential contingency measures in its
maintenance plan. These measures are the same list as was included in
the original maintenance plans for the areas. While some of the
measures may have been implemented, this is certainly not the case for
all such as portable fuel container replacement rule, reduce idling
program, transit improvements, etc. Even if the State has adopted some
measures in a category, that doesn't preclude the State from adopting
additional measures in the same category. For example, if a state had
adopted a reduced idling program, the state could still implement a
more stringent program across a wider portion of the vehicle fleet.
Furthermore, because it is not possible to determine what control
measure will be most appropriate and effective should a contingency
measure be triggered at some point in the future, Michigan is not
limited to selecting measures only from its list. If a contingency
measure is triggered, Michigan may adopt a contingency measure from
this list or chose another contingency measure which has been
determined to be effective.
III. Final Action
EPA is approving the LMPs for the Benzie County, Flint (Genesee and
Lapeer Counties), Grand Rapids (Ottawa and Kent Counties), Huron
County, Kalamazoo-Battle Creek (Calhoun, Kalamazoo, and Van Buren
Counties), Lansing-East Lansing (Clinton, Eaton, and Ingham Counties),
and Mason County areas in Michigan for the 1997 ozone NAAQS. EPA finds
the LMPs are adequate to provide for maintenance of the 1997 ozone
NAAQS in these areas through the end of the second 10-year portion of
the maintenance period.
IV. Statutory and Executive Order Reviews
Under section 175A of 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 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 action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant regulatory
action under Executive Order 12866;
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 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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
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 May 5, 2020. 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, Intergovernmental relations,
[[Page 13059]]
Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: February 21, 2020.
Kurt A. Thiede,
Regional Administrator, Region 5.
Amend 40 CFR part 52 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 revising
the three entries for ``1997 8-hour ozone'' under ``Maintenance Plans''
to read as follows:
Sec. 52.1170 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Name of nonregulatory SIP Applicable geographic State submittal
provision or nonattainment area date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Maintenance Plans
----------------------------------------------------------------------------------------------------------------
* * * * * * *
1997 8-hour ozone.............. Benzie County, Flint, 7/24/2019........ 3/6/2020, [insert 2nd limited
Grand Rapids, Huron Federal Register maintenance
County, Kalamazoo- citation]. plan.
Battle Creek, Lansing-
East Lansing, and
Mason County.
1997 8-hour ozone.............. Benton Harbor, Cass 6/13/2006, 8/25/ 5/16/2007, 72 FR
County, and Muskegon. 2006, and 11/30/ 27425.
2006.
1997 8-hour ozone.............. Detroit-Ann Arbor..... 3/6/2009......... 6/29/2009, 74 FR
30950.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-04356 Filed 3-5-20; 8:45 am]
BILLING CODE 6560-50-P
