[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Proposed Rules]
[Pages 66347-66352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26144]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0467; FRL-10002-82-Region 5]


Air Plan Approval; Michigan; Second Limited Maintenance Plans for 
1997 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) is proposing to approve 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 proposes to 
approve 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. Approval will make certain commitments related 
to maintenance of the 1997 ozone NAAQS in these areas are federally 
enforceable as part of the Michigan SIP.

DATES: Comments must be received on or before January 3, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2019-0467 at http://www.regulations.gov, or via email to 
blakley.pamela@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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. This supplementary information 
section is arranged as follows:

I. What action is EPA taking?
II. What is the background for these actions?
III. What is EPA's evaluation of Michigan's submission?
    1. Attainment Emissions Inventory
    2. Maintenance Demonstration
    3. Monitoring Network and Verification of Continued Attainment

[[Page 66348]]

    4. Contingency Plan
IV. Does the plan show transportation conformity?
V. What action is proposed?
VI. Statutory and Executive Order Reviews

I. What action is EPA taking?

    Under the CAA, EPA is proposing 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. The LMPs for these areas are 
designed to maintain the 1997 ozone NAAQS through the end of the second 
10-year portion of the 20-year maintenance period. EPA reviewed 
Michigan's submission and found the LMPs meet all applicable 
requirements under CAA sections 110 and 175A. Therefore, EPA is 
proposing to approve the LMPs.

II. What is the background for these actions?

    Ground-level ozone is formed when oxides of nitrogen 
(NOX) and volatile organic compounds (VOC) react in the 
presence of sunlight. These two pollutants, referred to as ozone 
precursors, are emitted by many types of pollution sources, including 
on-road and off-road motor vehicles and engines, power plants and 
industrial facilities, and smaller area sources such as lawn and garden 
equipment and paints. Scientific evidence indicates that adverse public 
health effects occur following exposure to ozone, particularly in 
children and adults with lung disease. Breathing air containing ozone 
can reduce lung function and inflame airways, which can increase 
respiratory symptoms and aggravate asthma or other lung diseases.
    Ozone exposure has been associated with increased susceptibility to 
respiratory infections, medication use, doctor visits, and emergency 
department visits and hospital admissions for individuals with lung 
disease. Ozone exposure also increases the risk of premature death from 
heart or lung disease. Children are at increased risk from exposure to 
ozone because their lungs are still developing and they are more likely 
to be active outdoors, which increases their exposure.\1\
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    \1\ See ``Fact Sheet, Proposal to Revise the National Ambient 
Air Quality Standards for Ozone,'' January 6, 2010 and 75 FR 2938 
(January 19, 2010).
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    In 1979, under section 109 of the CAA, EPA established primary and 
secondary NAAQS for ozone at 0.12 parts per million (ppm), averaged 
over a 1-hour period. 44 FR 8202 (February 8, 1979). On July 18, 1997, 
EPA revised the primary and secondary NAAQS for ozone to set the 
acceptable level of ozone in the ambient air at 0.08 ppm, averaged over 
an 8-hour period. 62 FR 38856 (July 18, 1997).\2\ EPA established the 
8-hour ozone NAAQS based on scientific evidence demonstrating that 
ozone causes adverse health effects at lower concentrations and over 
longer periods of time than was understood when the pre-existing 1-hour 
ozone NAAQS was set. EPA determined that the 1997 ozone standard would 
be more protective of human health, especially for children and adults 
who are active outdoors, and individuals with a pre-existing 
respiratory disease, such as asthma.
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    \2\ In March 2008, EPA completed another review of the primary 
and secondary ozone standards and tightened them further by lowering 
the level for both to 0.075 ppm. 73 FR 16436 (March 27, 2008). 
Additionally, in October 2015, EPA completed a review of the primary 
and secondary ozone standards and tightened them by lowering the 
level for both to 0.70 ppm. 80 FR 65292 (October 26, 2015).
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    Following promulgation of a new or revised NAAQS, EPA is required 
by the CAA to designate areas throughout the nation as attaining or not 
attaining the NAAQS. On April 30, 2004, EPA designated the Michigan 
areas as nonattainment for the 1997 ozone NAAQS, and the designations 
became effective on June 15, 2004. Under the CAA, states are also 
required to adopt and submit SIPs to implement, maintain, and enforce 
the NAAQS in designated nonattainment areas and throughout the state.
    When a nonattainment area has three years of complete, certified 
air quality data that has been determined to attain the 1997 8-hour 
ozone NAAQS, and the area has met other required criteria described in 
section 107(d)(3)(E) of the CAA, the state can submit to EPA a request 
to be redesignated to attainment, referred to as a ``maintenance 
area''.\3\ One of the criteria for redesignation is to have an approved 
maintenance plan under CAA section 175A. The maintenance plan must 
demonstrate that the area will continue to maintain the standard for a 
period extending 10 years after redesignation and contain such 
additional measures as necessary to ensure maintenance and such 
contingency provisions as necessary to assure that violations of the 
standard will be promptly corrected. At the end of the eighth year 
after the effective date of the redesignation, the state must also 
submit a second maintenance plan to ensure ongoing maintenance of the 
standard for an additional 10 years. See CAA section 175A.
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    \3\ Section 107(d)(3)(E) of the CAA sets out the requirements 
for redesignation. They include attainment of the NAAQS, full 
approval under section 110(k) of the applicable SIP, determination 
that improvement in air quality is a result of permanent and 
enforceable reductions in emissions, demonstration that the state 
has met all applicable section 110 and part D requirements, and a 
fully approved maintenance plan under CAA section 175A.
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    EPA has published long-standing guidance for states on developing 
maintenance plans.\4\ The Calcagni memo provides that states may 
generally demonstrate maintenance by either performing air quality 
modeling to show that the future mix of sources and emission rates will 
not cause a violation of the NAAQS or by showing that future emissions 
of a pollutant and its precursors will not exceed the level of 
emissions during a year when the area was attaining the NAAQS (i.e., 
attainment year inventory). See Calcagni memo at 9. EPA clarified in 
three subsequent guidance memos that certain nonattainment areas could 
meet the CAA section 175A requirement to provide for maintenance by 
demonstrating that the area's design value \5\ was well below the NAAQS 
and that the historical stability of the area's air quality levels 
showed that the area was unlikely to violate the NAAQS in the 
future.\6\ EPA refers to this streamlined demonstration of maintenance 
as a LMP. EPA has interpreted CAA section 175A as permitting this 
option because section 175A of the CAA defines few specific content 
requirements for maintenance plans, and in EPA's experience 
implementing the various NAAQS, areas that qualify for a LMP and have 
approved LMPs have rarely, if ever, experienced subsequent violations 
of the NAAQS. As noted in the LMP guidance memoranda, states seeking a 
LMP must still submit the other maintenance plan elements outlined in 
the Calcagni memo, including: An attainment emissions inventory, 
provisions for the continued operation of the ambient air quality 
monitoring

[[Page 66349]]

network, verification of continued attainment, and a contingency plan 
in the event of a future violation of the NAAQS. Moreover, states 
seeking a LMP must still submit their section 175A maintenance plan as 
a revision to their state implementation plan, with all attendant 
notice and comment procedures.
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    \4\ Calcagni, John, Director, Air Quality Management Division, 
EPA Office of Air Quality Planning and Standards, ``Procedures for 
Processing Requests to Redesignate Areas to Attainment,'' September 
4, 1992 (Calcagni memo).
    \5\ The ozone design value for a monitoring site is the 3-year 
average of the annual fourth-highest daily maximum 8-hour average 
ozone concentrations. The design value for an ozone nonattainment 
area is the highest design value of any monitoring site in the area.
    \6\ See ``Limited Maintenance Plan Option for Nonclassifiable 
Ozone Nonattainment Areas'' from Sally L. Shaver, Office of Air 
Quality Planning and Standards (OAQPS), dated November 16, 1994; 
``Limited Maintenance Plan Option for Nonclassifiable CO 
Nonattainment Areas'' from Joseph Paisie, OAQPS, dated October 6, 
1995; and ``Limited Maintenance Plan Option for Moderate 
PM10 Nonattainment Areas'' from Lydia Wegman, OAQPS, 
dated August 9, 2001.
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    While the LMP guidance memoranda was originally written with 
respect to certain NAAQS,\7\ EPA has extended the LMP interpretation of 
section 175A to other NAAQS and pollutants not specifically covered by 
the previous guidance memos.\8\ In this case, EPA is proposing to 
approve the Michigan LMPs, because the state has made a showing, 
consistent with EPA's prior LMP guidance, that each of the Michigan 
area's ozone concentrations are well below the 1997 ozone NAAQS and 
have been historically stable. Michigan has submitted LMPs for the 
areas of 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 to fulfill the 
second 1997 ozone NAAQS maintenance plan requirement in the CAA. EPA's 
evaluation of these 1997 ozone NAAQS LMPs is presented in section III.
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    \7\ The prior memos addressed: Unclassifiable areas under the 1-
hour ozone NAAQS, nonattainment areas for the PM10 
(particulate matter with an aerodynamic diameter less than 10 
microns) NAAQS, and nonattainment areas for the carbon monoxide (CO) 
NAAQS.
    \8\ See, e.g., 79 FR 41900 (July 18, 2014) (Approval of second 
ten-year LMP for Grant County 1971 sulfur dioxide maintenance area).
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    Under CAA section 175A(b), states must submit a revision to the 
first maintenance plan eight years after redesignation to provide for 
maintenance of the NAAQS for 10 additional years following the end of 
the first 10-year period. EPA's final implementation rule for the 2008 
ozone NAAQS revoked the 1997 ozone NAAQS and stated that one 
consequence of revocation was that areas that had been redesignated to 
attainment (i.e., maintenance areas) for the 1997 standard no longer 
needed to submit second 10-year maintenance plans under CAA section 
175A(b).\9\ In South Coast Air Quality Management District v. EPA, the 
D.C. Circuit vacated EPA's interpretation that, because of the 
revocation of the 1997 ozone standard, second maintenance plans were 
not required for ``orphan maintenance areas,'' i.e., areas that had 
been redesignated to attainment for the 1997 ozone NAAQS maintenance 
areas and were designated attainment for the 2008 ozone NAAQS. South 
Coast, 882 F.3d 1138 (D.C. Cir. 2018). Thus, states with these ``orphan 
maintenance areas'' under the 1997 ozone NAAQS must submit maintenance 
plans for the second maintenance period. Accordingly, on July 24, 2019, 
Michigan submitted a second maintenance plan in the form of a LMP for 
the areas of 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. These LMPs 
show that each area is expected to remain in attainment of the 1997 
ozone NAAQS through the end of the last year of the second 10-year 
maintenance period, i.e., through the end of the full 20-year 
maintenance period.
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    \9\ See 80 FR 12315 (March 6, 2015).
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III. What is EPA's evaluation of Michigan's submission?

    EPA has reviewed the 1997 ozone LMPs, which are designed to 
maintain the 1997 ozone NAAQS within 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 through the end of the 20-year maintenance period 
beyond redesignation, as required by under CAA section 175A(b). A 
summary of EPA's interpretation of the requirements \10\ and EPA's 
evaluation of how each requirement is met follows.
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    \10\ See Calcagni memo.
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1. Attainment Emissions Inventory

    For maintenance plans, a state should develop a comprehensive, 
accurate inventory of actual emissions for an attainment year to 
identify the level of emissions which is sufficient to maintain the 
NAAQS. A state should develop this inventory consistent with EPA's most 
recent guidance on emissions inventory development. For ozone, the 
inventory should be based on typical summer day emissions of VOCs and 
NOX, as these pollutants are precursors to ozone formation.

         Table 1--Typical 2014 Summer Day VOC and NOX Emissions
                               [Tons/day]
------------------------------------------------------------------------
                                                           NOX emission
            Maintenance area               VOC emissions
------------------------------------------------------------------------
Benzie County...........................             647             374
Flint...................................           6,361           4,834
Grand Rapids............................          12,584          11,220
Huron County............................           1,080           1,558
Kalamazoo-Battle Creek..................           6,913           5,495
Lansing-East Lansing....................           5,680           5,403
Mason County............................           1,004             706
------------------------------------------------------------------------

    Michigan used 2014 summer season (May through September) emissions 
from ``the EPA 2014 version 7.0'' modeling platform as the basis for 
the attainment inventory. These data are based on the 2014 National 
Emissions Inventory version 2.
    Based on our review of the methods, models, and assumptions used by 
Michigan to develop the VOC and NOX estimates, EPA proposes 
to find that the Michigan 1997 ozone NAAQS LMP areas include a 
comprehensive, reasonably accurate inventory of actual ozone precursor 
emissions in attainment year 2014, and propose to conclude that the 
plan's inventory is acceptable for the purposes of a subsequent 
maintenance plan under CAA section 175A(b).

2. Maintenance Demonstration

    The maintenance plan demonstration requirement is considered to be 
satisfied

[[Page 66350]]

in a LMP if the state can provide sufficient weight of evidence 
indicating that air quality in the area is well below the level of the 
standard, that past air quality trends have been shown to be stable, 
and that the probability of the area experiencing a violation over the 
second 10-year maintenance period is low.\11\ These criteria are 
evaluated below with regard to the Michigan areas.
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    \11\ ``Limited Maintenance Plan Option for Nonclassifiable Ozone 
Nonattainment Areas'' from Sally L. Shaver, Office of Air Quality 
Planning and Standards (OAQPS), dated November 16, 1994; ``Limited 
Maintenance Plan Option for Nonclassifiable CO Nonattainment Areas'' 
from Joseph Paisie, OAQPS, dated October 6, 1995; and ``Limited 
Maintenance Plan Option for Moderate PM10 Nonattainment 
Areas'' from Lydia Wegman, OAQPS, dated August 9, 2001.q
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a. Evaluation of Ozone Air Quality Levels
    To attain the 1997 8-hour ozone NAAQS, the three-year average of 
the fourth-highest daily maximum 8-hour average ozone concentrations 
(design value) at each monitor within an area must not exceed 0.08 ppm. 
Based on the rounding convention described in 40 CFR part 50, appendix 
I, the standard is attained if the design value is 0.084 ppm or below. 
Consistent with prior guidance, EPA believes that if the most recent 
air quality design value for the area is at a level that is well below 
the NAAQS (e.g., below 85% of the standard, or in this case below 0.071 
ppm), then EPA considers the state to have met the section 175A 
requirement for a demonstration that the area will maintain the NAAQS 
for the requisite period. Such a demonstration assumes continued 
applicability of Prevention of Significant Deterioration requirements, 
any control measures already in the SIP, and Federal measures will 
remain in place through the end of the second 10-year maintenance 
period, absent a showing consistent with section 110(l) that such 
measures are not necessary to assure maintenance.
    Table 2 presents the design values for each monitor site in the 
subject areas over the 2015-2017 period to address whether the entire 
area is at or below 85 percent of the NAAQS. These monitoring sites 
have been well below the level of the 1997 ozone NAAQS over the entire 
first 10-year maintenance period. As shown on the table, the most 
current design value for all sites continues to be below the level of 
85% of the NAAQS, consistent with prior LMP guidance.

                                     Table 2--1997 Ozone NAAQS Design Values
                                               [Part per million]
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                                                                                   Design value    DV <0.071 ppm
                Maintenance area                      County        AQS Site ID   (DV) 2015-2017   eligible LMP
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Benzie County...................................          Benzie     26-019-0003           0.067            Yes.
Flint...........................................         Genesee     26-049-2001           0.067            Yes.
                                                          Lapeer     26-049-0021           0.067            Yes.
Grand Rapids....................................            Kent     26-081-0020           0.068            Yes.
                                                            Kent     26-081-0022           0.067            Yes.
                                                          Ottawa     26-139-0005           0.068            Yes.
Huron County....................................           Huron     26-063-0007           0.067            Yes.
Kalamazoo-Battle Creek..........................       Kalamazoo     26-077-0008           0.069            Yes.
Lansing-East Lansing............................          Ingham     26-037-0001           0.062            Yes.
                                                          Ingham     26-065-0012           0.067            Yes.
Mason County....................................           Mason     26-105-0007           0.068            Yes.
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    Therefore, the Benzie County, Flint, Grand Rapids, Huron County, 
Kalamazoo-Battle Creek, Lansing-East Lansing, and Mason County areas 
are eligible for the LMP option, and EPA proposes to find that the long 
record of monitored ozone concentrations that attain the NAAQS, 
together with the continuation of existing VOC and NOX 
emissions control programs, adequately provide for the maintenance of 
the 1997 ozone NAAQS in the Michigan areas through the second 10-year 
maintenance period and beyond.
    Additional supporting information that these areas are expected to 
continue to maintain the standard can be found in EPA modeling 
projections of future year design values. This modeling was completed 
to assist states with development of interstate transport SIPs for the 
2015 ozone NAAQS. Those projections, made for the year 2023, show 
design values for the Michigan areas that are well below the 1997 8-
hour ozone NAAQS. See Table 3.

               Table 3--2023 Projected Ozone Design Values
------------------------------------------------------------------------
                                                      Highest projected
                                                      design value  for
                 Maintenance area                     the  maintenance
                                                        areas  (ppm)
------------------------------------------------------------------------
Benzie County.....................................                0.061
Flint.............................................                0.060
Grand Rapids......................................                0.062
Huron County......................................                0.059
Kalamazoo-Battle Creek............................                0.060
Lansing-East Lansing..............................                0.057
Mason County......................................                0.061
------------------------------------------------------------------------

3. Monitoring Network and Verification of Continued Attainment

    EPA periodically reviews the ozone monitoring network that Michigan 
operates and maintains, in accordance with 40 CFR part 58. This network 
is consistent with the ambient air monitoring network assessment and 
plan developed by Michigan that is submitted annually to EPA and that 
follows a public notification and review process. Michigan has 
committed to continue to maintain a network in accordance with EPA 
requirements.

4. Contingency Plan

    The contingency plan provisions are designed to promptly correct or 
prevent a violation of the NAAQS that might occur after redesignation 
of an area to attainment. Section 175A of the CAA requires that a 
maintenance plan include such contingency measures as EPA deems 
necessary to assure that the state will promptly correct a violation of 
the NAAQS that occurs after redesignation. The maintenance plan should 
identify the contingency measures to be adopted, a schedule and 
procedure for adoption and implementation of the contingency

[[Page 66351]]

measures, and a time limit for action by the state. The state should 
also identify specific indicators to be used to determine when the 
contingency measures need to be adopted and implemented. The 
maintenance plan must include a requirement that the state will 
implement all pollution control measures that were contained in the SIP 
before redesignation of the area to attainment. See section 175A(d) of 
the CAA.
    Michigan adopted the list of contingency measures from its first 
maintenance plan with one revision. The Cross-State Air Pollution 
Control rule replaces the Clean Air Interstate rule.
    Contingency measures to be considered will be selected from a 
comprehensive list of measures deemed appropriate and effective at the 
time the selection is made. Listed below are example measures that may 
be considered. The selection of measures will be based upon cost-
effectiveness, emission reduction potential, economic and social 
considerations or other factors that Michigan deems appropriate. 
Michigan will solicit input from all interested and affected persons in 
the maintenance area prior to selecting appropriate contingency 
measures. The listed contingency measures are potentially effective or 
proven methods of obtaining significant reductions of ozone precursor 
emissions. Because it is not possible at this time to determine what 
control measure will be appropriate at an unspecified time in the 
future, the list of contingency measures outlined below is not 
exhaustive. Michigan's potential contingency measures:

1. Lower Reid Vapor Pressure gasoline program
2. Reduced VOC content in Architectural, Industrial, and Maintenance 
coatings rule
3. Auto body refinisher self-certification audit program
4. Reduced VOC degreasing/solvent cleaning rule
5. Transit improvements
6. Diesel retrofit program
7. Reduced VOC content in commercial and consumer products
8. Cross-State Air Pollution Control rule reductions
9. Tier II reductions including low sulfur fuel and vehicle standards
10. Reduce idling program
11. Portable fuel container replacement rule
12. Reduced VOC content for emulsified asphalt rule
13. Stage II vapor recovery rule for marinas

    EPA proposes to find that Michigan's contingency measures, as well 
as the commitment to continue implementing any SIP requirements, 
satisfy the pertinent requirements of CAA section 175A.

IV. Does the plan show transportation conformity?

    Transportation conformity is required by section 176(c) of the CAA. 
Conformity to a SIP means that transportation activities will not 
produce new air quality violations, worsen existing violations, or 
delay timely attainment of the NAAQS (CAA 176(c)(1)(B)). EPA's 
conformity rule at 40 CFR part 93 requires that transportation plans, 
programs and projects conform to SIPs and establish the criteria and 
procedures for determining whether or not they conform. The conformity 
rule generally requires a demonstration that emissions from the 
Regional Transportation Plan (RTP) and the Transportation Improvement 
Program (TIP) are consistent with the motor vehicle emissions budget 
(MVEB) contained in the control strategy SIP revision or maintenance 
plan (40 CFR 93.101, 93.118, and 93.124). A MVEB is defined as ``that 
portion of the total allowable emissions defined in the submitted or 
approved control strategy implementation plan revision or maintenance 
plan for a certain date for the purpose of meeting reasonable further 
progress milestones or demonstrating attainment or maintenance of the 
NAAQS, for any criteria pollutant or its precursors, allocated to 
highway and transit vehicle use and emissions (40 CFR 93.101).
    Under the conformity rule, LMP areas may demonstrate conformity 
without a regional emission analysis (40 CFR 93.109(e)). Michigan 
confirmed that its LMP areas are considered to have already satisfied 
the regional emissions analysis and budget test requirements in 40 CFR 
part 93.
    However, because LMP areas are still maintenance areas, certain 
aspects of transportation conformity determinations still will be 
required for transportation plans, programs and projects. Specifically, 
for such determinations, RTPs, TIPs and transportation projects still 
will have to demonstrate that they are fiscally constrained (40 CFR 
93.108), meet the criteria for consultation (40 CFR 93.105) and 
Transportation Control Measure implementation in the conformity rule 
provisions (40 CFR 93.112 and 40 CFR 93.113, respectively). 
Additionally, conformity determinations for RTPs and TIPs must be 
determined no less frequently than every four years, and conformity of 
plan and TIP amendments and transportation projects is demonstrated in 
accordance with the timing requirements specified in 40 CFR 93.104. In 
addition, for projects to be approved they must come from a currently 
conforming RTP and TIP (40 CFR 93.114 and 93.115).

V. What action is proposed?

    Under sections 110(k) and 175A of the CAA, for the reasons set 
forth above, EPA is proposing to approve 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. Michigan submitted these LMPs on July 24, 2019. EPA 
finds that the 1997 ozone NAAQS LMPs are sufficient to provide for 
maintenance of the 1997 ozone NAAQS in these areas through the second 
10-year portion of the maintenance period.

VI. 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 SIP approvals are exempted 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

[[Page 66352]]

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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Volatile organic compounds.

    Dated: November 20, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019-26144 Filed 12-3-19; 8:45 am]
 BILLING CODE 6560-50-P


