Approval and Promulgation of Implementation Plans; Michigan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI67-01-7275; FRL-6003-6]

Approval and Promulgation of Implementation Plans; Michigan

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Environmental Protection Agency (EPA) is promulgating a

correction to the State Implementation Plan (SIP) for the State of

Michigan regarding the State's emission limitations and prohibitions

for air contaminant or water vapor. EPA has determined that this rule

was erroneously incorporated into the SIP. EPA is removing this rule

from the approved Michigan SIP because the rule does not have a

reasonable connection to the national ambient air quality standards

(NAAQS) and related air quality goals of the Clean Air Act. The

intended effect of this correction to the SIP is to make the SIP

consistent with the requirements of the Clean Air Act, as amended in

1990 (``the Act''), regarding EPA action on SIP submittals and SIPs for

national primary and secondary ambient air quality standards.

DATES: This rule is effective on July 20, 1998 unless the Agency

receives

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relevant adverse comments by June 18, 1998. Should the Agency receive

such comments, it will publish a timely withdrawal in the Federal

Register informing the public that this rule will not take effect.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

following location: United States Environmental Protection Agency,

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

Chicago, Illinois 60604. (Please telephone Victoria Hayden at (312)

886-4023 before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Victoria Hayden, Regulation

Development Section (AR-18J), Air Programs Branch, Air and Radiation

Division, United States Environmental Protection Agency, Region 5, 77

West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312)

886-4023.

SUPPLEMENTARY INFORMATION:

I. Correction to SIP

In a letter dated January 29, 1998, the Michigan Department of

Environmental Quality raised the issue of whether Michigan's air

quality Administrative Rule, R336.1901 (Rule 901) had a reasonable

connection to the NAAQS-related air quality goals of the Act, and

whether it properly was approved into the Michigan SIP. Rule 901 is a

general rule that prohibits the emission of an air contaminant which is

injurious to human health or safety, animal life, plant life of

significant economic value, property, or which causes unreasonable

interference with the comfortable enjoyment of life and property. In

the January 29, 1998 letter, Michigan states that Rule 901 is a State

rule that has been primarily used to address odors and other local

nuisances. According to the State, Rule 901 historically has not been

used to attain nor maintain any NAAQS nor to satisfy any other

provision of the Act and, therefore, does not belong in the SIP. EPA,

pursuant to section 110(k)(6), is agreeing to correct the SIP since

Rule 901 is not reasonably connected to the NAAQS-related air quality

goals of the Act.

Section 110(k)(6) of the amended Act provides: Whenever the

Administrator determines that the Administrator's action approving,

disapproving, or promulgating any plan or plan revision (or part

thereof), area designation, redesignation, classification, or

reclassification was in error, the Administrator may in the same

manner as the approval, disapproval, or promulgation revise such

action as appropriate without requiring any further submission from

the State. Such determination and the basis thereof shall be

provided to the State and public.

Since the State of Michigan's Rule 901 has no reasonable connection to

the NAAQS-related air quality goals of the Act, and since the State has

requested that EPA remove this rule from the approved SIP, EPA has

found the approval of this State rule was in error. Consequently, EPA

is removing Rule 901 of the Michigan air quality Administrative Rules

from the approved Michigan SIP pursuant to section 110(k)(6).

II. EPA Final Rulemaking Action

The EPA is removing Rule 901 of the Michigan air quality

Administrative Rules from the approved Michigan SIP pursuant to section

110(k)(6) of the Act.

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

relevant adverse comments be filed. This rule will be effective July

20, 1998, without further notice unless the Agency receives relevant

adverse comments by June 18, 1998.

If the EPA receives such comments, then EPA will publish a timely

withdrawal of the final rule and informing the public that the rule

will not take effect. All public comments received will then be

addressed in a subsequent final rule based on the proposed rule. The

EPA will not institute a second comment period on the proposed rule.

Only parties interested in commenting on the proposed rule should do so

at this time. If no such comments are received, the public is advised

that this action will be effective on July 20, 1998 and no further

action will be taken on the proposed rule.

III. Administrative Requirements

A. Executive Order (E.O.) 12866

The Office of Management and Budget has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. 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. 603 and 604).

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

significant economic 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.

In this action, EPA is removing certain prohibitions from the

federally enforceable SIP. Therefore, because EPA is not imposing any

new requirements, the Administrator certifies that it 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

a flexibility analysis would constitute Federal inquiry into the

economic reasonableness of state action. The Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. EPA,

427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

D. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

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

plan for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that this action 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 removes from the federally

enforceable SIP certain prohibitions on the emission of air

contaminants, and imposes no new requirements. Accordingly, no

additional costs to state, local, or tribal governments, or to the

private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added 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

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today's Federal Register. This rule is not a ``major'' rule as defined

by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by July 20, 1998. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule 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, Reporting and

recordkeeping.

Dated: April 8, 1998.

Michelle D. Jordan,

Acting Regional Administrator, Region 5.

40 CFR part 52, is amended as follows:

PART 52--[AMENDED]

1. The authority citation for Part 52 continues to read as follows:

Authority: 42 U.S.C 7401 et seq.

Subpart X-Michigan

2. Section 52.1174 is amended by adding paragraph (q) to read as

follows:

Sec. 52.1174 Control strategy: Ozone.

* * * * *

(q) Correction of approved plan--Michigan air quality

Administrative Rule, R336.1901 (Rule 901)--Air Contaminant or Water

Vapor, has been removed from the approved plan pursuant to section

110(k)(6) of the Clean Air Act (as amended in 1990).

[FR Doc. 98-13295 Filed 5-18-98; 8:45 am]

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