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E-M:/ Direct final rule,



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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This is a fragment of the second notice which is a
direct final rule covering smog in Bay, Genesee and
Midland counties....  If you want the complete notice,
please send me a note.

[Federal Register: November 13, 2000 (Volume 65, Number 219)]
[Rules and Regulations]
[Page 67629-67638]
 >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no00-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[MI74-02-7282a; FRL-6896-3]

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 adjusting the
applicability date for reinstating the 1-hour ozone National Ambient
Air Quality Standard (NAAQS) in Genesee, Bay, Midland, and Saginaw
Counties, Michigan and is determining that these areas have attained
the 1-hour ozone NAAQS. This determination is based on 3 consecutive
years of complete, quality-assured, ambient air monitoring data for the
1997-1999 ozone seasons that demonstrate that the areas have attained
the ozone NAAQS. On the basis of this determination, EPA is also
determining that certain attainment demonstration requirements, and
certain related requirements of part D of subchapter I of the Clean Air
Act (CAA), do not apply to Genesee, Bay, Midland, and Saginaw Counties.
EPA is also approving the State of Michigan's request to
redesignate Genesee, Bay, Midland, and Saginaw Counties to attainment
for the 1-hour ozone NAAQS. Michigan submitted the redesignation
request for these areas on May 9, 2000. EPA is also approving the
State's plan for maintaining the 1-hour ozone standard for the next 10
years as a revision to the Michigan State Implementation Plan (SIP).
In the proposed rules section of this Federal Register, EPA is
proposing approval of, and soliciting comments on, this SIP revision.
If we receive adverse comments on this action, we will withdraw this
final rule and address the comments received in response to this action
in a final rule on the related proposed rule. We will not open a second
public comment period. Parties interested in commenting on this action
should do so at this time.
DATES: This ``direct final'' rule is effective January 16, 2001, unless
EPA receives adverse written or critical comments by December 13, 2000.
If the rule is withdrawn, EPA will publish timely notice in the Federal
Register.
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 SW., Washington, DC 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.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Adjustment of Applicability Date for Reinstating the 1-Hour Ozone
Standard
A. Why did EPA revoke the 1-hour ozone standard in Genessee,
Saginaw, Midland, and Bay Counties?
B. Why did EPA reinstate the 1-hour ozone standard in Genessee,
Saginaw, Midland, and Bay Counties?
C. What does reinstatement mean for Genessee, Saginaw, Midland,
and Bay Counties?
II. Determination of Attainment
A. What action is EPA taking?
B. Why is EPA taking this action?
C. What would be the effect of this action?
D. What is the background for this action?
E. Where is the public record and where do I send comments?
III. Redesignation Request
A. What action is EPA taking?
B. What would be the effect of the redesignation?
[[Page 67630]]
C. What is the background for this action?
D. What are the redesignation review criteria?
E. What is EPA's analysis of the request?
F. Where is the public record and where do I send comments?
IV. Disclaimer Language Approving SIP Revisions
V. What administrative requirements did EPA consider?
A. Executive Order 12866
B. Executive Order 13045
C. Executive Order 13084
D. Executive Order 13132
E. Regulatory Flexibility
F. Unfunded Mandates
G. Submission to Congress and the Comptroller General
H. National Technology Transfer and Advancement Act
I. Petitions for Judicial Review
I. Adjustment of Applicability Date for Reinstating the 1-Hour
Ozone Standard
A. Why Did EPA Revoke the 1-Hour Ozone Standard in Genessee, Saginaw,
Midland, and Bay Counties?
On June 5, 1998 (63 FR 31014), July 22, 1998 (63 FR 39432) and June
9, 1999 (64 FR 30911), the EPA revoked the 1-hour ozone NAAQS in many
areas around the country in anticipation of implementing the new 8-hour
ozone NAAQS that was established in 1997. EPA revoked the 1-hour
standard to allow areas that were showing attainment to redirect their
focus toward meeting the new 8-hour standard. On June 5, 1998, the EPA
revoked the 1-hour standard for Genessee, Saginaw, Midland, and Bay
Counties because ozone monitors were showing attainment of the ozone
NAAQS.
B. Why Did EPA Reinstate the 1-Hour Ozone Standard in Genessee,
Saginaw, Midland, and Bay Counties?
On May 14, 1999, the U.S. Court of Appeals for the District of
Columbia Circuit issued a decision on the 8-hour ozone NAAQS that
blocked EPA's ability to implement the new standard. That action left
nearly 3,000 U.S. counties without any Federal public health standard
for ozone. To remedy this situation, on July 20, 2000, EPA published a
final rulemaking action in the Federal Register (65 FR 45181) to
reinstate the 1-hour standard in areas where it had been revoked,
including Genessee, Saginaw, Midland, and Bay Counties.
C. What Does Reinstatement Mean for Genesee, Saginaw, Midland, and Bay
Counties?
For areas with clean air quality data, like Genessee, Saginaw,
Midland, and Bay Counties, the July 20, 2000 rulemaking (65 FR 45182)
specifies that reinstating the nonattainment designation will occur 180
days after EPA published the rul

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Alex J. Sagady & Associates        Email:  ajs@sagady.com

Environmental Enforcement, Permits/Technical Review, Public Policy and
Communications on Air, Water and Waste Issues
and Community Environmental Protection

PO Box 39  East Lansing, MI  48826-0039
(517) 332-6971 (voice); (517) 332-8987 (fax)
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