Approval and Promulgation of State Implementation Plan; Michigan; Miscellaneous Rule Changes, Technical Changes

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI24-02-6743; FRL-5111-1]

Approval and Promulgation of State Implementation Plan; Michigan;

Miscellaneous Rule Changes, Technical Changes

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: On September 15, 1994, the USEPA published simultaneous

proposed and final rules partially approving and partially disapproving

a revision to the Michigan State Implementation Plan (SIP)

incorporating technical changes to miscellaneous air control rules. On

October 17, 1994, the State withdrew the parts of its submittal which

USEPA disapproved. In response, this notice reclassifies the September

15, 1994 action as a full approval.

EFFECTIVE DATES: This rule becomes effective on November 23, 1994.

ADDRESSES: Copies of the State's submittals and USEPA's analysis are

available for inspection at the U.S. Environmental Protection Agency,

Region 5, Air and Radiation Division, 77 West Jackson Boulevard,

Chicago, Illinois 60604. (Please telephone Megan Beardsley at (312)

886-0669 to arrange an appointment before visiting the Region 5

office.)

Copies of the State's submittals also are available at the Office

of Air and Radiation, Docket and Information Center (Air Docket 6102),

Room M1500, U.S. Environmental Protection Agency, 401 M Street, SW.,

Washington, DC 20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Megan Beardsley, Environmental

Scientist, Regulation Development Section, Air Toxics and Radiation

Branch (AT-18J), U.S. Environmental Protection Agency, Region 5,

Chicago, Illinois 60604, (312) 886-0669.

SUPPLEMENTARY INFORMATION:

On November 12, 1993, the State of Michigan requested that the

USEPA revise its SIP to incorporate a number of technical rule changes

that the State adopted in 1989. Most of these changes were minor,

clarifying rules or removing definitions of terms no longer used in

Michigan law, but some changes were more substantial. None of the

changes were required by the Clean Air Act (the Act) or other Federal

law or policy. However, because the State requested that USEPA

incorporate the changes into the SIP, USEPA reviewed the changes to

assure that they were in accordance with the Act. Most of the changes

submitted by the State clarified and strengthened the SIP, but several

were not approvable.

On September 15, 1994, in accordance with Agency procedures for

``direct final'' rulemaking (see April 2, 1994 memorandum from Jerry M.

Stubberfield, Acting Chief, Regional Operations Branch, to Air Branch

Chiefs, ``State Implementation Plan (SIP) Direct Final Processing

Procedures''), the USEPA published simultaneous proposed and final

rules (59 FR 47287 and 59 FR 47254). These rules partially approved the

State's submittal and provided a public comment period ending October

17, 1994. Because notice of intent to submit adverse comments was not

received by October 17, 1994, the rulemaking took effect on November

14, 1994. However, on October 17, 1994, the State of Michigan withdrew

those parts of the submittal which USEPA had disapproved. Thus, USEPA

must change the classification of the September 15, 1994 rulemaking

from ``partial approval/partial disapproval'' to ``full approval.''

That is the purpose of this action.

Since the distinction between full and partial approval was made

only in the preambles to the September 15, 1994 notices, the Michigan

withdrawal and this action in no way affect the amendment of the

Michigan SIP which USEPA codified in the September 15, 1994 final rule.

That amendment became effective, as scheduled, on November 14, 1994.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Nitrogen oxides,

Ozone, Volatile organic compounds.

Authority: 42 U.S.C. 7401-7671q.

Dated: November 2, 1994.

Valdas V. Adamkus,

Regional Administrator.

[FR Doc. 94-28877 Filed 11-22-94; 8:45 am]

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