[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Rules and Regulations]
[Pages 13057-13059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04356]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2019-0467; FRL-10006-00-Region 5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) is approving 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 is approving 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. EPA 
proposed to approve the submission on December 4, 2019, and received 
two comments. This approval makes certain commitments related to 
maintenance of the 1997 ozone NAAQS in these areas federally 
enforceable as part of the Michigan SIP.

DATES: This final rule is effective on April 6, 2020.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2019-0467. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
through www.regulations.gov or at the Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. We recommend that you telephone Matt Rau, 
Environmental Engineer, at (312) 886-6524 before visiting the Region 5 
office.

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.

I. Background Information

    On December 4, 2019 (84 FR 66347), EPA proposed 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. An explanation of the 
CAA requirements, a detailed analysis of the revisions, and EPA's 
reasons for proposing approval were provided in the notice of proposed 
rulemaking. EPA will not reiterate the reasons for approval in this 
rule. The public comment period ended on January 3, 2020. EPA received 
two comments on the proposal.

[[Page 13058]]

II. Response to Comments

    EPA received two anonymous comments during the comment period. A 
summary of each comment precedes EPA's response. The full comments are 
in the rulemaking docket, see Addresses for details on accessing the 
docket.
    Comment 1: Please explicitly state when the second maintenance 
period ends. Also, please explain what happens to the state's 
maintenance plan once the second maintenance plan ends.
    Response: EPA approved maintenance plans for the Benzie County, 
Flint, Grand Rapids, Huron County, Kalamazoo-Battle Creek, Lansing-East 
Lansing, and Mason County areas effective on May 16, 2007 (72 FR 
27425). The LMPs for these areas provide for the maintenance of the 
1997 ozone NAAQS through the end of the second 10-year portion of the 
maintenance period. Thus, the maintenance period ends on May 16, 2027.
    At the end of the 20-year maintenance period the maintenance plan 
remains in place and in effect. A state may revise its SIP, including 
its maintenance plan, after the 20-year period, subject to a CAA 
section 110(l) demonstration.
    Comment 2: EPA should disapprove the contingency measures until the 
state comes up with better, more specific and not yet implemented 
contingency measures.
    Response: Contrary to the commenter's assertion, Michigan has 
included a list of specific potential contingency measures in its 
maintenance plan. These measures are the same list as was included in 
the original maintenance plans for the areas. While some of the 
measures may have been implemented, this is certainly not the case for 
all such as portable fuel container replacement rule, reduce idling 
program, transit improvements, etc. Even if the State has adopted some 
measures in a category, that doesn't preclude the State from adopting 
additional measures in the same category. For example, if a state had 
adopted a reduced idling program, the state could still implement a 
more stringent program across a wider portion of the vehicle fleet. 
Furthermore, because it is not possible to determine what control 
measure will be most appropriate and effective should a contingency 
measure be triggered at some point in the future, Michigan is not 
limited to selecting measures only from its list. If a contingency 
measure is triggered, Michigan may adopt a contingency measure from 
this list or chose another contingency measure which has been 
determined to be effective.

III. Final Action

    EPA is approving 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. EPA finds 
the LMPs are adequate to provide for maintenance of the 1997 ozone 
NAAQS in these areas through the end of the second 10-year portion of 
the maintenance period.

IV. 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 it is not a significant regulatory 
action 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 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).
    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 the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action 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 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 action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by May 5, 2020. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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, Incorporation by 
reference, Intergovernmental relations,

[[Page 13059]]

Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: February 21, 2020.
Kurt A. Thiede,
Regional Administrator, Region 5.
    Amend 40 CFR part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


0
2. In Sec.  52.1170, the table in paragraph (e) is amended by revising 
the three entries for ``1997 8-hour ozone'' under ``Maintenance Plans'' 
to read as follows:


Sec.  52.1170  Identification of plan.

* * * * *
    (e) * * *

                       EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
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   Name of nonregulatory  SIP     Applicable geographic   State submittal
           provision              or nonattainment area         date        EPA approval date       Comments
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                                                  * * * * * * *
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                                                Maintenance Plans
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                                                  * * * * * * *
1997 8-hour ozone..............  Benzie County, Flint,   7/24/2019........  3/6/2020, [insert  2nd limited
                                  Grand Rapids, Huron                        Federal Register   maintenance
                                  County, Kalamazoo-                         citation].         plan.
                                  Battle Creek, Lansing-
                                  East Lansing, and
                                  Mason County.
1997 8-hour ozone..............  Benton Harbor, Cass     6/13/2006, 8/25/   5/16/2007, 72 FR
                                  County, and Muskegon.   2006, and 11/30/   27425.
                                                          2006.
1997 8-hour ozone..............  Detroit-Ann Arbor.....  3/6/2009.........  6/29/2009, 74 FR
                                                                             30950.
 
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[FR Doc. 2020-04356 Filed 3-5-20; 8:45 am]
 BILLING CODE 6560-50-P


