Designation of Areas for Air Quality Planning Purposes; Michigan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[MI45-01-7240a; FRL-5545-2]

Designation of Areas for Air Quality Planning Purposes; Michigan

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: In this action the Environmental Protection Agency (EPA) is

approving the State Implementation Plan (SIP) submitted by the State of

Michigan through the Michigan Department of Environmental Quality

(MDEQ) on July 24, 1995 for the purpose of redesignating the portion of

Wayne County currently designated as nonattainment to attainment status

for the particulate matter National Ambient Air Quality Standard

(NAAQS).

DATES: This ``direct final'' is effective on October 4, 1996, unless

EPA receives adverse or critical comments by September 4, 1996. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should be sent to Carlton T. Nash, Chief,

Regulation Development Section, Air Programs Branch (AR-18J), U.S. EPA,

Region 5, 77 West Jackson Boulevard, Chicago, Illinois, 60604. Copies

of this SIP revision and EPA's analysis are available for inspection

during normal business hours at the above address. (Please telephone

Christos Panos at (312) 353-8328, before visiting the Region 5 office.)

FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental

Engineer, Regulation Development Section, Air Programs Branch (AR-18J),

U.S. EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-

3590, (312) 353-8328.

SUPPLEMENTARY INFORMATION:

I. Background

On July 1, 1987 (52 FR 24634), EPA revised the NAAQS for

particulate matter with a new indicator that includes only those

particles with an aerodynamic diameter less than or equal to a nominal

10 micrometers (PM). (See 40 CFR Sec. 50.6). The 24-hour primary PM

standard is 150 micrograms per cubic meter (g/m\3\), with no

more than one expected exceedance per year. The annual primary PM

standard is 50

g/m\3\ expected annual arithmetic mean. The secondary PM

standards are identical to the primary standards.

On August 7, 1987 (52 FR 29383), EPA identified the entire Wayne

County, Michigan area as a PM ``Group I'' area of concern, i.e., an

area with a strong likelihood of violating the PM NAAQS and requiring a

substantial SIP revision. This Group I area was reduced in size on

October 31, 1990 (55 FR 45799). The reduced area was subsequently

designated as a moderate PM nonattainment area upon enactment of the

Clean Air Act Amendments of 1990. 56 FR 56694 at 56705-706, 56714

(November 6, 1991).

II. Evaluation Criteria

Section 107(d)(3)(D) of the amended Clean Air Act (Act) allows the

Governor

[[Page 40517]]

of a State to request the redesignation of an area from nonattainment

to attainment. The criteria used to review redesignation requests are

derived from the Act, the general preamble to Title I of the Clean Air

Act Amendments of 1990 (57 FR 13498), and a September 4, 1992 policy

and guidance memorandum from John Calcagni entitled Procedures for

Processing Requests to Redesignate Areas to Attainment. An area can be

redesignated to attainment if the following conditions are met:

1. The area has attained the applicable NAAQS;

2. The area has a fully approved SIP under section 110(k) of the

Act;

3. The air quality improvement must be permanent and enforceable;

4. The area has met all relevant requirements under section 110 and

Part D of the Act;

5. The area must have a fully approved maintenance plan pursuant to

section 175A of the Act.

III. Review of State Submittal

Under a cover letter dated July 24, 1995 the State submitted a

redesignation request for the Wayne County PM nonattainment area. A

public hearing was held on March 2, 1995. The State did not receive any

adverse comments during the public hearing or the 30-day comment

period. The request was reviewed by EPA to determine completeness

shortly after its submittal, in accordance with the completeness

criteria set out at 40 CFR Part 51, Appendix V. The submittal was found

to be complete and a letter dated October 5, 1995 was forwarded to the

Director, Michigan Department of Environmental Quality (MDEQ),

indicating the completeness of the submittal and the next steps to be

taken in the review process. The following is a brief description of

how the State's redesignation request meets the requirements of Section

107(d)(3)(E). A more detailed discussion is found within EPA's May 1,

1996 Technical Support Document (TSD), which is available at the

Regional Office listed above.

1. Attainment of the PM NAAQS

A state must demonstrate that an area has attained the PM NAAQS

through submittal of ambient air quality data from an ambient air

monitoring network representing peak PM concentrations. The data, which

must be quality assured and recorded in the Aerometric Information

Retrieval System (AIRS), must show that the average annual number of

expected exceedances for the area is less than or equal to 1.0,

pursuant to 40 CFR 50.6. The data must represent the three consecutive

years of complete ambient air quality monitoring data collected in

accordance with EPA methodologies.

The Wayne County Air Quality Management Division operates three PM

monitoring sites in the nonattainment area. National Chemical Services,

a private company, also operates a site. The MDEQ submitted ambient air

quality data and supporting documentation from each monitoring site for

the 1985-1993 period demonstrating that the area has attained the PM

NAAQS. This air quality data was quality assured and placed in AIRS.

One exceedance of the 24-hour PM NAAQS was recorded in 1986, two in

1988, two in 1989, and one in 1992. No exceedances were recorded in

1987, 1990, 1991, and 1993. Although there was one exceedance in 1992,

the number of expected exceedances for the 1991-1993 three-year period

is one or less, and therefore, would not be considered a monitored

violation of the PM NAAQS. Therefore, the State has adequately

demonstrated, through ambient air quality data, that the PM NAAQS has

been attained in Wayne County, with 1993 as the attainment year.

Further, recent data shows that the area is continuing to attain the PM

NAAQS.

2. State Implementation Plan Approval

Those States containing initial moderate PM nonattainment areas

were required to submit by November 15, 1991 a SIP which implemented

reasonably available control measures (RACM) by December 10, 1993 and

demonstrated attainment of the PM NAAQS by December 31, 1994. The SIP

for the area must be fully approved under section 110(k) of the Act,

and must satisfy all requirements that apply to the area. On January

17, 1995 (60 FR 3346), EPA approved the Wayne County PM nonattainment

area SIP originally submitted by the State on June 11, 1993 and revised

on October 14, 1994.

3. Improvement in Air Quality Due to Permanent and Enforceable Measures

The State must be able to reasonably attribute the improvement in

air quality to permanent and enforceable emission reductions. In making

this showing, the State must demonstrate that air quality improvements

are the result of actual, enforceable emission reductions.

The State provided a detailed discussion of the development of PM

emission reductions during the attainment demonstration period of 1986-

1993. The PM dispersion modeling conducted as part of the Wayne County

PM SIP predicted that the control measures included in the SIP were

sufficient to provide for attainment and maintenance of the PM NAAQS.

The State has adequately demonstrated that the improvement in air

quality is due to permanent and enforceable emission reductions of

2042.91 tons of PM as a result of implementing the federally

enforceable control measures in the SIP.

4. Meeting Applicable Requirements of Section 110 and Part D of the Act

To be redesignated to attainment, section 107(d)(3)(E) requires

that an area must have met all applicable requirements of section 110

and of part D of the Act. The EPA interprets this to mean that for a

redesignation request to be approved, the State must have met all

requirements that applied to the subject area prior to or at the time

of a complete redesignation request.

A. Section 110 Requirements

Section 110(a)(2) contains general requirements for nonattainment

plans. For purposes of redesignation, the Michigan SIP was reviewed to

ensure that all applicable requirements under the amended Act were

satisfied. Title 40 CFR Part 52, subpart X, further evidences that the

Michigan SIP was approved under section 110 of the Act and found that

the SIP satisfied all Part D requirements.

B. Part D Requirements

Before a PM nonattainment area may be redesignated to attainment,

the State must have fulfilled the applicable requirements of Part D.

Subpart 1 of Part D establishes the general requirements applicable to

all nonattainment areas and subpart 4 of Part D establishes specific

requirements applicable to PM nonattainment areas.

The requirements of sections 172(c) and 189(a) regarding attainment

of the PM NAAQS, and the requirements of section 172(c) regarding

reasonable further progress, imposition of RACM, the adoption of

contingency measures, and the submission of an emission inventory have

been satisfied through the 1995 approval of the Wayne County PM SIP (60

FR 3346), the 1996 approval of the Wayne County PM contingency measures

SIP (61 FR 8009), and the demonstration that the area is now attaining

the standard. The requirements of the Part D--New Source Review (NSR)

permit program will be replaced by the Part C--Prevention of

Significant Deterioration (PSD) program once the area has been

redesignated. Because the PSD program was delegated to the State of

Michigan on September 10, 1979, and amended on November 7,

[[Page 40518]]

1983 and September 26, 1988, it will become fully effective immediately

upon redesignation.

5. Fully Approved Maintenance Plan Under Section 175A of the Act

Section 175(A) of the Act requires states that submit a

redesignation request for a nonattainment area under section 107(d) to

include a maintenance plan to ensure that the attainment of NAAQS for

any pollutant is maintained. The plan must demonstrate continued

attainment of the applicable NAAQS for at least ten years after the

approval of a redesignation to attainment. Eight years after the

redesignation, the State must submit a revised maintenance plan

demonstrating attainment for the ten years following the initial ten

year period.

The State of Michigan has adequately demonstrated attainment and

maintenance of the PM NAAQS through the dispersion modeling submitted

as part of the Wayne County PM attainment demonstration SIP. Although

the modeling only projected PM emissions to the year 2005, protection

of the NAAQS is assured beyond that because the State SIP includes

permanent allowable PM emission limitations. Actual PM emissions are

also generally less than the allowable PM emissions considered in the

modeling. The maintenance plan for the Wayne County area also contains

a commitment from the State to revise and submit a new maintenance plan

within eight years of approval of this redesignation.

Once an area has been redesignated, the State must continue to

operate an appropriate air quality monitoring network, in accordance

with 40 CFR Part 58, to verify the attainment status of the area. The

maintenance plan should contain provisions for continued operation of

air quality monitors that will provide such verification. In its

submittal, the State commits to continue to operate and maintain the

network of PM monitoring stations to demonstrate ongoing compliance

with the PM NAAQS.

Section 175A of the Act also requires that a maintenance plan

include contingency provisions, as necessary, to promptly correct any

violation of the NAAQS that occurs after redesignation of the area.

These contingency measures are distinguished from those generally

required for nonattainment areas under section 172(c)(9). However, if

an area has been able to attain the NAAQS without implementation of the

Part D nonattainment SIP contingency measures, and the contingency plan

includes a requirement that the State will implement all of the PM

control measures which were contained in the SIP before redesignation

to attainment, then the State can carry over into the area's

maintenance plan the Part D SIP measures not previously implemented.

Under a cover later dated July 13, 1995, MDEQ submitted State

Administrative Rule 336.1374 to satisfy the contingency measures

requirements specified in both section 172(c)(9) and section 175(A) for

the Wayne County PM nonattainment area. On March 1, 1996, EPA approved

the rule into the Michigan SIP in a direct final rulemaking (61 FR

8009), which became effective on April 30, 1996. The State may use this

rule as the maintenance plan contingency measures, because the State

was able to attain the PM NAAQS with the limitations and control

measures already contained in the SIP prior to promulgation of Rule

336.1374.

IV. Final Action

In this action, EPA is approving the State of Michigan's request to

redesignate the Wayne County PM nonattainment area to attainment.

V. Miscellaneous

A. Comment and Approval Procedure

The EPA is publishing this action without prior proposal because

EPA views this action as a noncontroversial revision and anticipates no

adverse comments. However, EPA is publishing a separate document in

this Federal Register publication, which constitutes a ``proposed

approval'' of the requested SIP revision and clarifies that the

rulemaking will not be deemed final if timely adverse or critical

comments are filed. The ``direct final'' approval shall be effective on

October 4, 1996, unless EPA receives adverse or critical comments by

September 4, 1996.

If EPA receives comments adverse to or critical of the approval

discussed above, EPA will withdraw this approval before its effective

date by publishing a subsequent document which withdraws this final

action. All public comments received will then be addressed in a

subsequent final rulemaking action.

The EPA will not institute a second comment period on this action.

Any parties interested in commenting on this action should do so at

this time. If no such comments are received, EPA hereby advises the

public that this action will be effective on October 4, 1996.

B. Applicability to Future SIP Decisions

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. Each request for a revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

C. Petitions for Judicial Review

Under section 307(b)(1) of the Act, 42 U.S.C. 7607(b)(1), petitions

for judicial review of this action must be filed in the United States

Court of Appeals for the appropriate circuit by October 4, 1996. Filing

a petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for 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) of the Act, 42

U.S.C. 7607(b)(2)].

D. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget has exempted

this regulatory action from Executive Order 12866 review.

E. Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 600 et seq.,

EPA must prepare a regulatory flexibility analysis assessing the impact

of any proposed or final rule on small entities (5 U.S.C. Secs. 603 and

604). Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

Redesignation of an area to attainment under section 107(d)(3)(e)

of the Act does not impose any new requirements on small entities.

Redesignation is an action that affects the status of a geographical

area and does not impose any regulatory requirements on sources.

Therefore, I certify that this action does not have a significant

impact on any small entities affected. Moreover, due to the nature of

the Federal-State relationship under the Act, preparation of the

regulatory flexibility analysis would constitute Federal inquiry into

the economic reasonableness of the

[[Page 40519]]

State action. The Act forbids EPA to base its actions concerning SIPs

on such grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 256-66

(1976).

F. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector, of $100 million or more. Under section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

The EPA has determined that the approval action promulgated today

does not include a Federal mandate that may result in estimated costs

of $100 million or more to either State, local, or tribal governments

in the aggregate, or to the private sector.

This Federal action approves pre-existing requirements under State

or local law, and imposes no new Federal requirements. Accordingly, no

additional costs to State, local, or tribal governments, or the private

sector, result from this action.

G. Submission to Congress and the General Accounting Office

Under section 801(a)(1)(A) of the Administrative Procedure Act

(APA) as amended by the Small Business Regulatory Enforcement Fairness

Act of 1996, EPA submitted a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives and the Comptroller General of the General Accounting

Office prior to publication of the rule in this Federal Register. This

rule is not a ``major rule'' as defined by section 804(2) of the APA as

amended.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental

relations, Particulate matter, Reporting and recordkeeping

requirements.

40 CFR Part 81

Environmental protection, Air pollution control, National parks,

Wilderness areas.

Dated: July 16, 1996.

David A. Ullrich,

Acting Regional Administrator.

For the reasons set forth in the preamble 40 CFR parts 52 and 81

are 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. 7401-7671q.

Subpart X--Michigan

2. Section 52.1173 is amended by adding a new paragraph (f) to read

as follows:

Sec. 52.1173 Control strategy: particulates.

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(f) On July 24, 1995, the Michigan Department of Natural Resources

requested the redesignation of Wayne County to attainment of the

National Ambient Air Quality Standard for particulate matter. The

State's maintenance plan is complete and the redesignation satisfies

all of the requirements of the Act.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

1. The authority citation for part 81 continues to read as follows:

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

2. In Sec. 81.323, the table entitled ``Michigan PM-10'' is revised

to read as follows:

Sec. 81.323 Michigan.

* * * * *

Michigan--PM-10

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Designation Classification

Designated Area -------------------------------------------------------------------------------

Date Type Date Type

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Wayne County--The area bounded October 4, 1996......... Attainment ............

by Michigan Avenue from its

intersection with I-75 west to

I-94, I-94 southwest to

Greenfield Road, Greenfield

Road south to Schaefer Road,

Schaefer Road south and east to

Jefferson Avenue, Jefferson

Avenue south (Biddle Avenue

through the city of Wyandotte)

to Sibley Avenue, Sibley Avenue

west to Fort Street, Fort

Street south to King Road, King

Road east to Jefferson Avenue,

Jefferson Avenue south to Helen

Road, Helen Road east extended

to Trenton Channel, Trenton

Channel north to the Detroit

River, the Detroit River north

to the Ambassador Bridge,

Ambassador Bridge to I-75, I-75

to Michigan Avenue.

Rest of State................... 11/15/90................ Unclassifiable ............

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[FR Doc. 96-19785 Filed 8-2-96; 8:45 am]

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