Approval and Promulgation of State Implementation Plans; Michigan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[MI73-7281a; FRL-6366-5]

Approval and Promulgation of State Implementation Plans; Michigan

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule

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SUMMARY: The Environmental Protection Agency (EPA) is approving the

State of Michigan's request to redesignate the Detroit area, which

includes portions of Wayne, Oakland, and Macomb Counties, to attainment

for carbon monoxide (CO). The EPA is also approving the corresponding

175A maintenance plan associated with the redesignation request as a

revision to the Michigan State Implementation Plan (SIP) for attaining

and maintaining the National Ambient Air Quality Standard (NAAQS) for

CO.

DATES: This action is effective August 30, 1999, without further

notice, unless EPA receives adverse comment by July 30, 1999. If we

receive such comment, we will publish a timely withdrawal in the

Federal Register informing the public that this rule will not take

effect.

ADDRESSES: Send written comments to: Carlton T. Nash, Chief, Regulation

Development Section, Air Programs Branch (AR-18J), United States

Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,

Illinois 60604. (We recommend that you telephone John Mooney at (312)

886-6043 before visiting the Region 5 Office.)

A copy of the SIP revision is available for inspection at the

Office of Air and Radiation (OAR) Docket and Information Center (Air

Docket 6102), room M1500, United States Environmental Protection

Agency, 401 M Street S.W., Washington, D.C. 20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: John M. Mooney, 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, (312) 886-6043.

I. Supplementary Information

This Supplementary Information section is organized as follows:

A. Redesignation

1. Background

2. Evaluation Criteria

3. Review of State Submittal

a. Attainment of the CO NAAQS

b. Meeting Applicable Requirements of Section 110 and Part D

i. Section 110 Requirements

ii. Part D Requirements

I. Subpart 1 of Part D--Section 172(c) Provisions

II. Subpart 1 of Part D--Section 176 Conformity Provisions

III. Subpart 3 Requirements

c. Fully Approved SIP Under Section 110(k) of the Act

d. Improvement in Air Quality Due to Permanent and Enforceable

Measures.

e. Fully Approved Maintenance Plan Under Section 175A

i. Emissions Inventory--Base Year Inventory

ii. Demonstration of Maintenance--Projected Inventories

iii. Verification of Continued Attainment

iv. Contingency Plan

v. Commitment to Submit Subsequent Maintenance Plan Revisions

B. Final Action

A. Redesignation

Under the Clean Air Act (Act), EPA may redesignate areas to

attainment if sufficient data are available to warrant such changes and

the area meets the criteria contained in section 107(d)(3) of the Act.

On March 18, 1999, the State of Michigan submitted a redesignation

request and section 175A maintenance plan for the Detroit CO

nonattainment area. Once approved, the section 175A maintenance plan

becomes a federally enforceable part of the SIP for the Detroit area.

A detailed analysis of the Detroit Redesignation Request and

section 175A Maintenance Plan SIP submittal for the Detroit area is

contained in the EPA's Technical Support Document (TSD), dated May 26,

1999 from John Mooney to the Docket, entitled ``Technical Review of

Michigan's State Implementation Plan Revision for the Detroit Carbon

Monoxide Nonattainment Area,'' which is available from the Region 5

office listed above.

1. Background

EPA designated the Detroit area as a CO nonattainment area under

section 107 of the 1977 Act on March 3, 1978 (43 FR 8962). The Clean

Air Act Amendments of 1990 (1990 Act) authorizes EPA to designate

nonattainment areas according to degree of severity of the

nonattainment problem. On November 6, 1991 (56 FR 56694), the EPA

designated the Detroit area as a CO nonattainment area. At the time of

the designation, air quality monitoring data recorded in the area did

not show violations of the CO NAAQS, however, the State had not

completed a redesignation request showing that it had complied with the

requirements of section 107 of the Act. As a result, EPA designated the

area as nonattainment, but did not establish a nonattainment

classification. The preamble for the original designation contains more

detail on this action (56 FR 56694).

Since the EPA's 1991 designation, monitors in the Detroit area have

demonstrated attainment of the CO NAAQS, except for a single violation

of the CO standard at one monitor in the area during 1994. From 1994 to

the present, monitors in the area have continued to show attainment. As

a result, the area is eligible for redesignation from nonattainment to

attainment consistent with the 1990 Act. On March 18, 1999, the State

of Michigan submitted a SIP revision to the EPA containing the

redesignation request and maintenance plan to ensure continued

attainment of the CO standard for the Detroit area. The State also

included materials from the public hearing on the request which it held

in Detroit on February 10, 1999.

2. Evaluation Criteria

The Amended Act revised section 107(d)(3)(E) to provide five

specific requirements that an area must meet to be redesignated from

nonattainment to attainment. These requirements are:

1. The area has attained the applicable NAAQS;

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

part D of the Act;

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

Act;

4. The air quality improvement is permanent and enforceable;

5. The area has a fully approved maintenance plan pursuant to

section 175A of the Act.

3. Review of State Submittal

The EPA has reviewed the Michigan redesignation request for the

Detroit area and finds that the area meets meet the five requirements

of section 107(d)(3)(E). EPA's Redesignation/Maintenance Plan technical

support document (TSD) contains a more in-depth analysis of the

submittal with respect to certain of these evaluation criteria.

a. Attainment of the CO NAAQS

The Michigan request is based on an analysis of quality-assured CO

air

[[Page 35018]]

quality data. Ambient air monitoring data for calendar years 1997

through calendar year 1998 show no violations of the CO NAAQS (40 CFR

50.8) in the Detroit area. The State collected this data in an EPA

approved, quality assured, National Air Monitoring System monitoring

network.

As discussed in the State's redesignation submittal, the CO monitor

located on Evergreen Road that recorded the 1994 CO violation has had a

history of being vandalized. The State discontinued monitoring at the

site after a fire at the site on December 14, 1996. The MDEQ and the

Wayne County Department of the Environment established a new monitor at

a nearby location on February 7, 1997. At the temporary location, there

was a period where the environmental conditions in the monitoring shed

exceeded EPA recommendations, requiring that the data recorded during

that period be flagged in EPA's Aerometric Information Retrieval System

(AIRS). Even though the data was flagged for 2 quarters, the monitor

did not record any exceedances of the CO standard during that time.

Further, the monitor did not record any exceedances over the next seven

quarters, to date, when the State collected valid data at the site. The

EPA has reviewed the State's actions to establish the new monitor, as

well as the action to discontinue monitoring at the Evergreen Road

monitoring site, and believes that the actions that the State took were

appropriate. Since this was a new monitor, the lack of complete,

quality assured data collected during the startup period for the

monitor does not affect the area's ability to demonstrate attainment of

the CO NAAQS. EPA sent a letter to the State noting the acceptability

of the changes to their CO monitoring network in the area on May 11,

1999.

All other monitors in the Detroit nonattainment area show

attainment of the CO NAAQS during the 1997-1998 calendar years, in

accordance with EPA's quality assurance and data completeness

requirements.

As a result, the area meets the first statutory criterion for

redesignation to attainment of the CO NAAQS. The State has committed to

continue monitoring in this area in accordance with 40 CFR part 58.

(If, however, complete quality assured data show violations of the CO

NAAQS before the final EPA action on this redesignation, the EPA will

disapprove the redesignation request).

b. Meeting Applicable Requirements of Section 110 and Part D

On May 6, 1980 (45 FR 29801) and February 7, 1985 (50 FR 5250), EPA

fully approved Michigan's SIP for the Detroit area as meeting the

requirements of section 110(a)(2) and part D of the 1977 Act for CO.

The 1990 Act, however, modified section 110(a)(2) and, under part D,

revised section 172 and added new requirements for all nonattainment

areas. Therefore, in addition to complying with requirements of the

1977 Act, for purposes of redesignation, the Michigan SIP must satisfy

all applicable requirements of section 110(a)(2) and part D added by

the 1990 amendments. EPA has reviewed the SIP to ensure that it

contains all measures that were due under the amended 1990 Act prior to

or at the time Michigan submitted its redesignation request for the

Detroit area.

i. Section 110 Requirements

The Detroit area SIP meets the requirements of amended section

110(a)(2). A number of the requirements did not change in substance

and, therefore, EPA believes that the pre-amendment SIP met these

requirements. The EPA has analyzed the Michigan SIP and determined that

it is consistent with the requirements of amended section 110(a)(2).

ii. Part D Requirements

Before EPA may redesignate the Detroit area to attainment, the SIP

must have fulfilled the applicable requirements of part D. Under part

D, an area's classification indicates the requirements to which it is

subject. Subpart 1 of part D sets forth the basic nonattainment

requirements applicable to all nonattainment areas, classified as well

as nonclassifiable. Subpart 3 of part D establishes additional

requirements for CO nonattainment areas classified under section 186 of

the Act. As described in the ``General Preamble for the Implementation

of Title I of the Clean Air Act Amendments of 1990,'' specific

requirements of subpart 3 may override subpart 1's general provisions

(57 FR 13501 (April 16, 1992)). However, as noted in the General

Preamble, the subpart 3 requirements do not apply to ``not classified''

CO nonattainment areas (57 FR 13535). EPA designated the Detroit area

as a ``not classified'' CO nonattainment area (56 FR 56694, November 6,

1991), codified at 40 CFR 81.323. Therefore, to be redesignated to

attainment, the State must meet the applicable requirements of subpart

1 of part D--specifically sections 172(c) and 176, but not the

requirements of subpart 3 of part D.

I. Subpart 1 of Part D--Section 172(c) Provisions

Section 172(c) sets forth general requirements applicable to all

nonattainment areas. Under 172(b), the section 172(c) requirements are

applicable as determined by the Administrator, but no later than 3

years from the date of the nonattainment designation. As discussed

below, Michigan has satisfied the section 172(c) requirements.

(A) RFP is defined as progress that a nonattainment area must make

each year toward attainment of the NAAQS. This requirement only has

relevance during the time it takes an area to attain the NAAQS. Because

the Detroit area has attained the NAAQS, its SIP has already achieved

the necessary RFP toward that goal.

(B) In addition, because the Detroit area has attained the NAAQS

and is no longer subject to an RFP requirement, the section 172(c)(9)

contingency measures are not applicable unless EPA does not approve the

redesignation request and maintenance plan. However, section 175A

contingency measures still apply.

(C) Similarly, once EPA redesignates an area to attainment,

nonattainment new source review (NSR) requirements are not generally

applicable. The area then becomes subject to prevention of significant

deterioration (PSD) requirements instead of the NSR program (45 FR

29790). The State has a valid program for review of new sources (45 FR

29790, May 6, 1980). EPA delegated the PSD program to the State of

Michigan on September 10, 1979 and amended it on November 7, 1983 and

September 26, 1988. Moreover, the EPA believes that the applicability

of the part C PSD program to maintenance areas makes it unnecessary for

an area to have obtained full approval of the NSR revisions required by

part D to be redesignated.

(D) The State met the 172(c) requirement for an emissions inventory

by submitting the 1990 base year emission inventory which EPA approved

on April 7, 1995 (60 FR 12495).

(E) No additional Reasonably Available Control Measures (RACM)

controls beyond what may already be required in the SIP are necessary

upon redesignation to attainment. The General Preamble (57 FR 13560,

April 16, 1992) explains that section 172(c)(1) requires the plans for

all nonattainment areas to provide for the implementation of all RACM

as expeditiously as practicable. The EPA interprets this requirement to

impose a duty on all

[[Page 35019]]

nonattainment areas to consider all available control measures and to

adopt and implement such measures as are reasonably available for

implementation in the area as components of the areas attainment

demonstration. Because the area has reached attainment, no additional

measures are needed to provide for attainment.

(F) For purposes of redesignation, EPA reviewed the Michigan SIP to

ensure that it satisfied all requirements of section 110(a)(2) of the

Act, which contains general SIP elements. Title 40 CFR section 52.1172,

states that, with several exceptions, EPA approved the Michigan SIP

under section 110 of the Act and further found that it satisfied all

Part D, Title I (as amended in 1977) requirements on May 6, 1980 (45 FR

29801).

II. Subpart 1 of Part D--Section 176 Conformity Provisions

Section 176(c) of the Act requires States to establish criteria and

procedures to ensure that Federally supported or funded projects

conform to the air quality planning goals in the applicable State SIP.

The requirement to determine conformity applies to transportation

plans, programs and projects developed, funded or approved under title

23 U.S.C. or the Federal Transit Act (``transportation conformity''),

as well as to all other Federally supported or funded projects

(``general conformity''). Section 176 further provides that state

conformity revisions must be consistent with Federal conformity

regulations that the Act required the EPA to promulgate. EPA approved

Michigan's general conformity rule on December 18, 1996 (61 FR 66607).

The EPA believes it is reasonable to interpret the conformity

requirements as not applying for purposes of evaluating the

redesignation request under Section 107(d). The rationale for this is

based on a combination of two factors. First, the requirement to submit

SIP revisions to comply with the conformity provisions of the Act

continues to apply to areas after redesignation to attainment, since

such areas would be subject to a Section 175A maintenance plan. Second,

EPA's Federal conformity rules require the performance of conformity

analyses in the absence of federally approved State rules. Therefore,

because areas are subject to the conformity requirements regardless of

whether they are redesignated to attainment and must implement

conformity under Federal rules if State rules are not yet approved, the

EPA believes it is reasonable to view these requirements as not

applying for purposes of evaluating a redesignation request.

Consequently, EPA may approve the CO redesignation request for the

Detroit area notwithstanding the lack of a fully approved conformity

SIP.

Included in the March 18, 1999 submittal is a commitment by the

State to satisfy the applicable requirements of the final

transportation conformity rules. This is acceptable since the

transportation conformity rule applies to maintenance areas.

For purposes of transportation conformity, the control measures in

the maintenance plan establish an emissions budget. The State has

defined this budget for year 2010 as 5,453,417 lbs. per day of CO for

onroad mobile sources, as noted in their April 29, 1999 letter to the

EPA. This level of emissions provides for continued maintenance of the

CO standard.

III. Subpart 3 Requirements

As noted in the General Preamble, the subpart 3 requirements do not

apply to ``not classified'' CO nonattainment areas (57 FR 13535). EPA

designated the Detroit area as a not classified CO nonattainment area

on November 6, 1991 (56 FR 56694) codified at 40 CFR 81.323. Therefore,

to be redesignated to attainment, the State does not have to meet the

requirements of subpart 3 of part D.

c. Fully Approved SIP Under Section 110(k) of the Act

As noted above, because the area is a non classified nonattainment

area, the 1990 Act did not establish additional requirements under

subpart 3 of the Act. Prior to the 1990 Amendments, EPA had fully

approved the State's CO SIP. Since the area is not subject to the

subpart 3 requirements, no additional requirements exist under section

110(k) which the State must address prior to redesignation.

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

The State must demonstrate that the actual enforceable emission

reductions are responsible for the recent improvement in air quality.

The State may make this demonstration through an estimate of the

percent reduction (from the year that it used to determine the design

value for designation and classification) achieved through Federal

measures such as the Federal Motor Vehicle Control Program (FMVCP) and

fuel volatility rules, as well as other control measures that the State

has adopted and implemented.

The State provided a detailed discussion of the emission reductions

of CO between 1986 and 1996 which were responsible for the improvement

in air quality. All emission estimates were made using EPA approved

emissions inventory techniques.

Consistent with emission inventory guidance, the 1986 base year

emission inventory represents 1986 average winter day actual emissions

for the Detroit area. These 1986 base year emissions were calculated

from a 1990 base year inventory that EPA approved on April 7, 1995 (60

FR 12459). The State also projected the 1990 inventory to 1996, to

determine the emission reductions during the 10-year time period. The

State based its projections on growth factors developed by the

Southeast Michigan Council of Governments (SEMCOG) and the Michigan

Department of Environmental Quality (MDEQ).

On road mobile sources represent the majority of mobile source

emissions in the Detroit-Ann Arbor CO nonattainment area. The State

used the Federal highway administration (FHWA) highway performance

monitoring system (HPMS) method to develop traffic counts for 1996

vehicle miles traveled (VMT). The VMT, adjusted for seasonal and

temporal effects, reflects a typical winter weekday. The State

projected the VMT for 1986 and 2010 using SEMCOG's validated travel

model. This travel model was calibrated with HPMS VMT data. Michigan

developed on road travel speeds for mobile sources using SEMCOG's 1992

regional speed survey. MDEQ generated mobile source emission factors

with EPA's MOBILE5a model. Attachment 1 of the State's submittal

provides additional detail on significant MOBILE5a model input

parameters and methods of mobile source emissions estimation.

MDEQ developed 1996 non-road mobile source emissions estimates for

aircraft and railroads. MDOT provided aircraft and railroad activity

data for the Detroit-Ann Arbor area. MDEQ obtained aircraft and

railroad emission factors from EPA's Procedure for Emissions Inventory

Preparation, Volume IV: Mobile Sources. MDOT provided forecast growth

factors for the 1986 and 2010 aircraft emissions projections. SEMCOG

provided growth factors for 1986 and 2010 railroad emissions

projections. MDEQ used EPA's NONROAD emissions model to estimate 1986,

1996, and 2010 emissions for the remaining non-road sources.

The MDEQ included actual emissions for 1996 point sources. The MDEQ

used 1996 actual activity levels, emissions factors based on the EPA

Factor Information Retrieval System Version 6.1B, and control

technology effectiveness to estimate emissions. The

[[Page 35020]]

1996 emissions were adjusted to account for seasonal fluctuations. The

MDEQ projected point source emissions for years 1986 and 2010 by

applying energy consumption, source activity, and economic growth

factor to the 1996 point source inventory.

The State developed area source emissions estimates for stationary

sources emitting less than 100 tons of CO per year and for combustion

sources. The stationary sources include residential, commercial, and

industrial boilers which burn fossil fuels. Combustion sources include

open burning or incineration from forest, agriculture, or structural

fires. MDEQ developed activity levels from State and local information.

MDEQ used EPA's Compilation of Air Pollutant Emission Factors, Volume

1: Point and Area Source AP42 to generate emission factors for area

sources. The MDEQ projected area source emissions for years 1986 and

2010 by applying energy consumption, source activity, and economic

growth factors.

The following tables present the CO emissions for 1986 and 1996 and

emission reductions from 1986 to 1996. The State claimed credit for

emission reductions achieved by implementing the federally enforceable

FMVCP.

As illustrated by the tables and discussed in the TSD, the total

reductions achieved from 1986 to 1996 are 1,822,739 lbs. of CO per day.

Table 1.--CO Emission Inventory Summary for Demonstration of Emission Reductions From 1986-1996

[lbs. per day]

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Net change1986-

Category 1986 1996 1996

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Point.......................................................... 564,657 257,359 -307,298

Area........................................................... 248,194 259,459 +11,265

Non-Road Mobile................................................ 434,619 465,913 +31,294

On-Road Mobile................................................. 7,058,000 5,500,000 -1,558,000

------------------------------------------------

Total...................................................... 8,305,470 6,482,731 -1,822,739

Net Reduction.................................................. .............. .............. -1,822,739

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The State has adequately demonstrated that the improvement in air

quality is due to permanent and enforceable emission reductions of

1,822,739 lbs. of CO per day as a result of the federally enforceable

FMVCP.

e. Fully Approved Maintenance Plan Under Section 175A

Section 175A of the Act sets forth the elements of a maintenance

plan for areas seeking redesignation from nonattainment to attainment.

The plan must demonstrate continued attainment of the applicable NAAQS

for at least 10 years after the EPA approves a redesignation to

attainment. Eight years after the redesignation, the State must submit

a revised maintenance plan which demonstrates attainment for the 10

years following the initial 10-year period. To address potential future

NAAQS violations, the maintenance plan must contain contingency

measures, with a schedule for implementation adequate to assure prompt

correction of any air quality problems.

Section 175A(d) requires that the contingency provisions include a

requirement that the State will implement all control measures that

were in the SIP prior to redesignation as an attainment area. In this

action, EPA is proposing approval of the State of Michigan's

maintenance plan for the Detroit area because EPA finds that Michigan's

submittal meets the requirements of section 175A.

I. Emissions Inventory--Base Year Inventory

The State has adequately developed an attainment emission inventory

for 1996 that identifies 6,482,731 lbs. of CO per day as the level of

emissions in the area sufficient to attain the CO NAAQS.

The State derived all inventories in the maintenance plan from the

1990 base year emission inventory. The methodologies used in developing

these inventories are discussed in section 3D of EPA's TSD and in

further detail in Attachment 1 of the State's TSD. EPA approved the

1990 base year emission inventory on April 7, 1995 (60 FR 12495). The

State has adequately developed an attainment emissions inventory for

1996 that identifies the levels of emissions as 6,482,731 lbs. of CO

per days the level of emissions in the area sufficient to attain the

NAAQS.

ii. Demonstration of Maintenance--Projected Inventories

To demonstrate continued attainment, the State projected CO

emissions through the maintenance period to the year 2010. These

emissions are presented in Table 3 of the submittal and summarized

below in Table 2. These projected emission inventories demonstrate that

the CO emissions will remain below the 1996 attainment year emission

levels. In fact, the emissions projections through the year 2010 show

an emissions reduction of 1,679,417 lbs. of CO per day. These emission

reductions are primarily the result of continued implementation of the

Federally enforceable FMVCP.

In developing the projection inventories, the State used the same

methodologies as those employed for the other inventories contained in

the Section A(3)(d) of today's action and in further detail in

Attachment 1 of the State's TSD.

Table 2.--CO Maintenance Emission Inventory Projection Summary through 2010

[lbs. per day]

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Net Change

Category 1986 1996 2010 1986-2010

(percent)

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Point........................................... 564,657 257,359 280,089 -50.4

Area............................................ 248,194 259,459 279,058 10.8

Non-Road Mobile................................. 434,619 465,913 474,167 9.1

[[Page 35021]]

On-Road Mobile.................................. 7,058,000 5,500,000 3,774,000 -46.4

---------------------------------------------------------------

Total....................................... 8,305,470 6,482,731 4,803,314 -42.2

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The State has adequately demonstrated continued attainment of the

CO NAAQS through the projection of CO emissions through the 10 year

maintenance period to 2010. These projections indicate that CO

emissions, throughout the maintenance period, will remain well below

the 1996 attainment inventory.

iii. Verification of Continued Attainment

(I) Ambient Air Quality Monitoring Network

In the submittal and the State's TSD, the State commits to continue

to operate and maintain the network of ambient CO monitoring stations

in accordance with provisions of 40 CFR Part 58 to demonstrate ongoing

compliance with the CO NAAQS.

(II) Tracking

The submittal presents the tracking plan for the maintenance period

which consists of two components: (1)continued CO monitoring and (2) an

analysis of stationary growth factor assumptions and VMT projections in

the year 2007. The State will continue to monitor CO levels throughout

the Detroit area to demonstrate ongoing compliance with the CO NAAQS.

The State also commits to checking in 2007 the stationary source growth

factor assumptions and VMT projections used to generate the 2010 CO

inventory to ensure that the estimates are reasonable.

(III) Triggers

The contingency plan contains one trigger: a monitored air quality

violation of the CO NAAQS, as defined in 40 CFR section 50.8. The

trigger date will be the date that the State certifies to the U.S. EPA

that the air quality data are quality assured, which will be no later

than 30 days after monitoring an ambient air quality violation. The

justification for providing only one trigger is that section 175A(d)

explicitly stipulates that a contingency measure must ensure prompt

correction of any violation of the NAAQS once the area is redesignated.

iv. Contingency Plan

The level of CO emissions in the Detroit area will largely

determine its ability to stay in compliance with the CO NAAQS in the

future. Despite best efforts to demonstrate continued compliance with

the NAAQS, the ambient air pollutant concentrations may exceed or

violate the NAAQS. Therefore, as required by section 175A of the Act,

Michigan has provided contingency measures with a schedule for

implementation if a future CO air quality problem occurs. Contingency

measures in the plan include a series of transportation control

measures, a motor vehicle inspection and maintenance (I/M) program, and

enforceable emission limitations on stationary sources.

Where it must adopt and implement the contingency measures, the

State will observe the schedules specified in the SIP. If it selects a

transportation control measure as the contingency measure, the State

will program it in the next annual update of the Regional

Transportation Improvement Program for Southeast Michigan. For other

contingency measures, selection and implementation of the measure will

occur within twelve months of the triggering date.

v. Commitment To Submit Subsequent Maintenance Plan Revisions

The State has committed to submit a new maintenance plan within

eight years of the redesignation of the Detroit area as required by

section 175(A)(b). This subsequent maintenance plan must constitute a

SIP revision and provide for the maintenance of the CO NAAQS for a

period of 10 years after the expiration of the initial 10 year

maintenance period.

B. Final Action

The EPA is approving the Detroit CO maintenance plan as a SIP

revision meeting the requirements of section 175A. In addition, the EPA

is approving the redesignation request for the Detroit area because the

State has demonstrated compliance with the requirements of section

107(d)(3)(E) for redesignation.

Nothing in this action should be construed as establishing a

precedent for any future request for revision to any SIP. EPA must

evaluate each request for revision to the SIP separately in light of

specific technical, economic, and environmental factors and in relation

to relevant statutory and regulatory requirements.

CO SIPs are designed to satisfy the requirements of part D of the

Act and to provide for attainment and maintenance of the CO NAAQS. This

redesignation should not be interpreted as authorizing the State to

delete, alter, or rescind any of the CO emission limitations and

restrictions in the approved CO SIP. The State cannot make changes to

CO SIP regulations which will render them less stringent than those in

the EPA approved plan unless it submits to EPA a revised plan for

attainment and maintenance and EPA approves the revision. Unauthorized

relaxations, deletions, and changes could result in both a finding of

nonimplementation [section 173(b) of the Act] and in a SIP deficiency

call made pursuant to section 110(a)(2)(H) of the Act.

II. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Order 12875: Enhancing Intergovernmental Partnerships

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a State, local or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the OMB a

description of the extent of EPA's prior consultation with

representatives of affected State, local and tribal governments, the

nature of their concerns, copies of any written communications from the

governments, and a statement supporting the need to issue the

regulation. In addition, E.O. 12875 requires EPA to develop an

effective process permitting elective officials and other

representatives of

[[Page 35022]]

State, local and tribal governments ``to provide meaningful and timely

input in the development of regulatory proposals containing significant

unfunded mandates.'' This rule does not create a mandate on state,

local or tribal governments. The rule does not impose any enforceable

duties on these entities. Accordingly, the requirements of section 1(a)

of E.O. 12875 do not apply to this rule.

C. Executive Order 13084: Consultation and Coordination With Indian

Tribal Governments

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on these communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If the mandate is unfunded,

EPA must provide to the OMB in a separately identified section of the

preamble to the rule, a description of the extent of EPA's prior

consultation with representatives of affected tribal governments, a

summary of the nature of their concerns, and a statement supporting the

need to issue the regulation. In addition, E.O. 13084 requires EPA to

develop an effective process permitting elected and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.'' This rule

does not significantly or uniquely affect the communities of Indian

tribal governments. Accordingly, the requirements of section 3(b) of

E.O. 13084 do not apply to this rule.

D. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it is does not

involve decisions intended to mitigate environmental health or safety

risks.

E. Regulatory Flexibility

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

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 small governmental

jurisdictions. This direct final rule will not have a significant

impact on a substantial number of small entities because plan approvals

under section 111(d) do not create any new requirements but simply

approve requirements that the State is already imposing. Therefore,

because the Federal approval does not create any new requirements, I

certify that this action will not have a significant economic impact on

a substantial number of small entities. Moreover, due to the nature of

the Federal-State relationship under the Clean Air Act (Act)

preparation of a flexibility analysis would constitute Federal inquiry

into the economic reasonableness of a State action. The Act forbids EPA

to base its actions on such grounds. Union Electric Co., v. U.S. EPA,

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

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

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

or to 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 does

not include a Federal mandate that may result in estimated annual 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 requirements. Accordingly, no additional costs to State,

local, or tribal governments, or to the private sector, result from

this action.

G. Submission to Congress and the Comptroller General

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 Congress and to the Comptroller General of the United

States.

The EPA will submit 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 United States prior

to the 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 rule is not a ``major rule'' as defined by 5 U.S.C.

804(2).

H. 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 August 30, 1999.

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 a rule or action. The action may not be

challenged later in proceedings to enforce its requirements. (See

section 307(b)(2)).

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Intergovernmental

relations, Carbon Monoxide.

40 CFR Part 81

Environmental protection, Air pollution control, Intergovernmental

relations, Carbon Monoxide.

Dated: June 7, 1999.

Francis X. Lyons,

Regional Administrator, Region 5.

Chapter I, title 40 of the Code of Federal Regulations is amended

as follows:

PART 52--[AMENDED]

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

[[Page 35023]]

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

Subpart X--Michigan

2. Section 52.1170 is amended by adding paragraph (c)(111) to read

as follows:

Sec. 52.1170 Identification of Plan.

* * * * *

(c) * * *

(111) On March 18, 1999, the State of Michigan submitted a revision

to the Michigan State Implementation Plan for carbon monoxide

containing a section 175A maintenance plan for the Detroit area as part

of Michigan's request to redesignate the area from nonattainment to

attainment for carbon monoxide. Elements of the section 175A

maintenance plan include a base year (1996 attainment year) emission

inventory for CO, a demonstration of maintenance of the ozone NAAQS

with projected emission inventories to the year 2010, a plan to verify

continued attainment, a contingency plan, and an obligation to submit a

subsequent maintenance plan revision in 8 years as required by the

Clean Air Act. If the area records a violation of the CO NAAQS (which

must be confirmed by the State), Michigan will implement one or more

appropriate contingency measure(s) which are in the contingency plan.

The menu of contingency measures includes enforceable emission

limitations for stationary sources, transportation control measures, or

a vehicle inspection and maintenance program.

2. Subpart X is amended by adding Sec. 52.1179 to read as follows:

Sec. 52.1179 Control strategy: Carbon monoxide.

Approval--On March 18, 1999, the Michigan Department of

Environmental Quality submitted a request to redesignate the Detroit CO

nonattainment area (consisting of portions of Wayne, Oakland, and

Macomb Counties) to attainment for CO. As part of the redesignation

request, the State submitted a maintenance plan as required by 175A of

the Clean Air Act, as amended in 1990. Elements of the section 175A

maintenance plan include a base year (1996 attainment year) emission

inventory for CO, a demonstration of maintenance of the ozone NAAQS

with projected emission inventories to the year 2010, a plan to verify

continued attainment, a contingency plan, and an obligation to submit a

subsequent maintenance plan revision in 8 years as required by the

Clean Air Act. If the area records a violation of the CO NAAQS (which

must be confirmed by the State), Michigan will implement one or more

appropriate contingency measure(s) which are contained in the

contingency plan. The menu of contingency measures includes enforceable

emission limitations for stationary sources, transportation control

measures, or a vehicle inspection and maintenance program. The

redesignation request and maintenance plan meet the redesignation

requirements in section 107(d)(3)(E) and 175A of the Act as amended in

1990, respectively.

PART 81--[AMENDED]

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

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

2. In Sec. 81.323 the table entitled ``Michigan-carbon monoxide''

is amended by revising the entry for the ``Detroit Area'' to read as:

Sec. 81.323 Michigan.

* * * * *

Michigan--Carbon Monoxide

----------------------------------------------------------------------------------------------------------------

Designation Classification

Designated areas ----------------------------------------------------------------------

Date \1\ Type Date \1\ Type

----------------------------------------------------------------------------------------------------------------

DETROIT AREA

Areas included within the following

(counter-clockwise):

Lake St. Clair to 14 Mile Road to August 30, 1999. Attainment......

Kelly Road, N. to 15 Mile Road to

Hayes Road, S. to 14 Mile Road to

Clawson City Boundary, following N.

Clawson City boundary to N. Royal

Oak boundary to 13 Mile Road to

Evergreen Road to southern Beverly

Hills City boundary to southern

Bingham Farms City boundary to

southern Franklin Hills City

boundary to Inkster Road, south to

Pennsylvania Road extending east to

the Detroit River. Macomb County

(part).

Oakland County (part)................ August 30, 1999. Attainment......

Wayne County (part).................. August 30, 1999. Attainment......

* * * * *

----------------------------------------------------------------------------------------------------------------

\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *

[FR Doc. 99-16372 Filed 6-29-99; 8:45 am]

BILLING CODE 6560-50-P