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Re: E-M:/ More on PM in Michigan

Enviro-Mich message from Barbara Jean Madsen <bjmadsen@umich.edu>


	For those of us who are not as conversant as perhaps we should be
with air-quality standards and regulations, could you translate this into
plain English and explain why it's such a "sentinel event?"  Thanks!

	--Barb Madsen

On Wed, 10 Jul 2002, Alex J. Sagady & Associates wrote:

> -------------------------------------------------------------------------
> Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
> -------------------------------------------------------------------------
> Given what has gone on in the last 35 years with
> particulate air pollution in Michigan, this is a sentinel event.
> Federal Register: July 10, 2002 (Volume 67, Number 132)]
> [Rules and Regulations]
> [Page 45635-45637]
>  >From the Federal Register Online via GPO Access [wais.access.gpo.gov]
> [DOCID:fr10jy02-8]
> =======================================================================
> -----------------------------------------------------------------------
> 40 CFR Part 81
> [MI79-01-7288a; FRL-7242-8]
> Designation of Areas for Air Quality Planning Purposes; Deletion
> of Total Suspended Particulate Designations in Michigan
> AGENCY: Environmental Protection Agency (EPA).
> ACTION: Direct final rule.
> -----------------------------------------------------------------------
> SUMMARY: In this action EPA is deleting Michigan attainment status
> designations (attainment, unclassifiable and nonattainment) affected by
> the original national ambient air quality standards (NAAQS) for
> particulate matter measured as total suspended particulate (TSP). On
> June 3, 1993 EPA published a final rulemaking action revising the
> prevention of significant deterioration (PSD) particulate matter
> increments, so that the increments are measured in terms of particulate
> matter with an aerodynamic diameter less than 10 microns (PM). Section
> 107(d)(4)(B) of the Clean Air Act (Act) authorizes EPA to eliminate all
> area TSP designations once the increments for PM become effective. The
> June 3, 1993 document, which became effective on June 3, 1994, also
> established the method by which EPA deletes such TSP designations.
> DATES: This ``direct final'' rule is effective September 9, 2002,
> unless EPA receives written adverse or critical comments by August 9,
> 2002. If adverse comments are received, EPA will publish a timely
> withdrawal of the direct final rule in the Federal Register and inform
> the public that the rule will not take effect.
> ADDRESSES: Send written comments to Carlton T. Nash, Chief, Regulation
> Development Section, Air Programs Branch (AR-18J), United Environmental
> Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
> (We recommend that you telephone Christos Panos, at (312) 353-8328,
> before visiting the Region 5 Office.)
>      A copy of this redesignation is available for inspection at the
> Office of Air and Radiation (OAR) Docket and Information Center (Air
> Docket 6102), United States Environmental Protection Agency, Ariel Rios
> Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, (202)
> 260-7548.
> FOR FURTHER INFORMATION CONTACT: Christos Panos, Environmental
> Engineer, 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) 353-8328.
> SUPPLEMENTARY INFORMATION: This Supplementary Information section is
> organized as follows:
> A. What Action Is EPA Taking?
> B. What Is the Background for This Action?
> C. Why Can We Approve This Request?
> A. What Action Is EPA Taking?
>      We are deleting from the list of area designations in 40 CFR part
> 81, all of the designations for TSP in the state of Michigan
> (Sec. 81.323). Area designations which indicate the attainment status
> of each affected area with respect to the PM NAAQS already exist, and
> the TSP area designations are no longer needed.
> B. What Is the Background for This Action?
>      In 1971, EPA promulgated primary and secondary NAAQS for
> particulate matter to be measured as TSP. Section 107(d) of the 1977
> Amendments to the Act authorized each State to submit to the
> Administrator a list identifying the attainment status designations
> (attainment, unclassifiable and nonattainment) for TSP areas in the
> state. In 1978, EPA published the original list of all area
> designations pursuant to section 107(d)(2) (commonly referred to as
> ``section 107 areas''), including those designations for TSP, in 40 CFR
> part 81.
>      One of the purposes stated in the Act for the section 107 areas is
> for implementation of the statutory requirements of air quality PSD.
> The PSD provisions of part C of the Act generally apply in all section
> 107 areas that are designated attainment or unclassifiable (40 CFR
> 52.21(i)(3)). Under the PSD program, States must ensure that emissions
> from major stationary sources are controlled sufficiently by applying
> the best available control technology. Also, it must be shown that such
> controlled emissions from the new or modified source will not cause or
> contribute to air pollution that violates the NAAQS. Moreover, the air
> quality in an attainment or unclassifiable area is not allowed to
> deteriorate beyond
> [[Page 45636]]
> prescribed maximum allowable increases in pollutant concentrations,
> referred to as ``increments.''
>      On July 1, 1987 (52 FR 242634), EPA revised the particulate matter
> NAAQS, replacing the TSP indicator with the PM indicator. On the same
> date, EPA promulgated final regulations under 40 CFR part 51 for State
> implementation of the revised NAAQS (52 FR 24672). In the preamble to
> that action, EPA announced that, because of the importance of the
> section 107 area designations to the applicability of the TSP
> increments, it would retain the TSP designations beyond the date on
> which EPA approves a State's revised PM State Implementation Plan
> (SIP). This would protect the applicability of the TSP increments until
> a PM increment system could be established.
>      The 1990 Amendments to the Act contained several pertinent
> provisions relating to or affecting the TSP area designations. Under
> section 107(d)(4)(B) of the amended Act, Congress established by
> operation of law the first nonattainment area designations for PM, and
> mandated that areas not initially defined as nonattainment are
> considered to be unclassifiable. Moreover, section 107(d)(4)(B)
> provided that any designation for particulate matter (measured in terms
> of TSP) that the Administrator promulgated prior to the date of
> enactment of the 1990 Amendments shall remain in effect for purposes of
> implementing the maximum allowable concentrations of particulate matter
> (measured in terms of TSP) increments until the Administrator
> determines that such designation is no longer necessary for that
> purpose.
> C. Why Can We Approve This Request?
>      On June 3, 1993 (58 FR 31622), under the authority of section
> 166(f) of the Act, EPA published the final rulemaking replacing the TSP
> increments with equivalent PM increments. As a result, the PSD
> increments and NAAQS will be measured by the same indicator. As stated
> at 58 FR 31635, for States already having delegated authority to
> implement the Federal PSD regulations ``EPA will eliminate the TSP
> designations when the PM increments become effective under Sec. 52.21
> on June 3, 1994.'' The EPA has delegated to the state of Michigan the
> authority to implement the PSD program. The delegation agreement
> provides for automatic adoption of the revised PM increments once the
> increments become effective.
> Final Action
>      Because TSP designations are no longer necessary, as described
> above, and the PSD regulations contained in 40 CFR 52.21 (the Federal
> PSD program) govern the review and approval of permits to construct and
> operate major stationary sources in Michigan, EPA is taking action to
> delete all TSP area designations in the state of Michigan.
>      The EPA is publishing this action without prior proposal because we
> view this as a noncontroversial amendment and anticipate no adverse
> comments. However, in the proposed rules section of this Federal
> Register publication, we are publishing a separate document that will
> serve as the proposal to approve the state plan if relevant adverse
> comments are filed. This rule will be effective September 9, 2002
> without further notice unless we receive relevant adverse written
> comments by August 9, 2002. If we receive such comments, we will
> withdraw this action before the effective date by publishing a
> subsequent document that will withdraw the final action. We will then
> address all public comments received in a subsequent final rule based
> on the proposed action. The EPA will not institute a second comment
> period. Any parties interested in commenting on this action should do
> so at this time. If we do not receive any comments, this action will be
> effective September 9, 2002.
> Administrative Requirements
>      Under Executive Order 12866, ``Regulatory Planning and Review'' (58
> FR 51735, October 4, 1993), this action is not a ``significant
> regulatory action'' and therefore is not subject to review by the
> Office of Management and Budget. For this reason, this action is also
> not subject to Executive Order 13211, ``Actions Concerning Regulations
> That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
> 28355, May 22, 2001). This action merely approves state law as meeting
> federal requirements and imposes no additional requirements beyond
> those imposed by state law. Accordingly, the Administrator certifies
> that this rule will not have a significant economic impact on a
> substantial number of small entities under the Regulatory Flexibility
> Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing
> requirements under state law and does not impose any additional
> enforceable duty beyond that required by state law, it does not contain
> any unfunded mandate nor does it significantly or uniquely affect small
> governments, as described in the Unfunded Mandates Reform Act of 1995
> (Public Law 104-4).
>      This rule also does not have tribal implications because it will
> not have a substantial direct effect on one or more Indian tribes, on
> the relationship between the federal government and Indian tribes, or
> on the distribution of power and responsibilities between the federal
> government and Indian tribes, as specified by Executive Order 13175,
> ``Consultation and Coordination with Indian Tribal Governments'' (65 FR
> 67249, November 9, 2000). This action also does not have federalism
> implications because it will not have substantial direct effects on the
> states, on the relationship between the national government and the
> states, or on the distribution of power and responsibilities among the
> various levels of government, as specified in Executive Order 13132,
> ``Federalism'' (64 FR 43255, August 10, 1999). This action merely
> approves a state rule implementing a federal standard, and does not
> alter the relationship or the distribution of power and
> responsibilities established in the Clean Air Act. This rule also is
> not subject to Executive Order 13045 ``Protection of Children from
> Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
> 1997), because it is not a significant regulatory action under
> Executive Order 12866.
>      Section 12(d) of the National Technology Transfer and Advancement
> Act of 1995 (NTTA), 15 U.S.C. 272, requires federal agencies to use
> technical standards that are developed or adopted by voluntary
> consensus to carry out policy objectives, so long as such standards are
> not inconsistent with applicable law or otherwise impracticable. In
> reviewing SIP submissions, EPA's role is to approve state choices,
> provided that they meet the criteria of the Act. Absent a prior
> existing requirement for the state to use voluntary consensus
> standards, EPA has no authority to disapprove a SIP submission for
> failure to use such standards, and it would thus be inconsistent with
> applicable law for EPA to use voluntary consensus standards in place of
> a SIP submission that otherwise satisfies the provisions of the Act.
> Therefore, the requirements of section 12(d) of the NTTA do not apply.
>      As required by section 3 of Executive Order 12988 (61 FR 4729,
> February 7, 1996), in issuing this rule, EPA has taken the necessary
> steps to eliminate drafting errors and ambiguity, minimize potential
> litigation, and provide a clear legal standard for affected conduct.
> EPA has complied with Executive Order 12630 (53 FR 8859, March 15,
> 1988) by examining the takings implications of the rule in accordance
> with the ``Attorney General's Supplemental Guidelines for the
> Evaluation of Risk and Avoidance of Unanticipated
> [[Page 45637]]
> Takings'' issued under the executive order, and has determined that the
> rule's requirements do not constitute a taking. This rule does not
> impose an information collection burden under the provisions of the
> Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
>      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 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 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 Clean Air Act, petitions for
> judicial review of this action must be filed in the United States Court
> of Appeals for the appropriate circuit by September 9, 2002. Filing a
> petition for reconsideration by the Administrator of this final rule
> does not affect the finality of this rule for the purposes of judicial
> review nor does it extend the time within which a petition for judicial
> review may be filed, and shall not postpone the effectiveness of such
> rule or action. This action may not be challenged later in proceedings
> to enforce its requirements. (See section 307(b)(2).)
> List of Subjects in 40 CFR Part 81
>      Environmental protection, Air pollution control, National parks,
> Wilderness areas.
>      Authority: 42 U.S.C. 7401 et seq.
>      Dated: June 24, 2002.
> Bharat Mathur,
> Acting Regional Administrator, Region 5.
>      Accordingly, 40 CFR part 81 is amended as follows:
>      1. The authority citation for part 81 continues to read as follows:
>      Authority: 42 U.S.C. 7401, et seq.
> Sec. 81.323  [Amended]
>      2. In Sec. 81.323 Michigan, delete the table (including the title
> line) entitled ``Michigan--TSP''.
> [FR Doc. 02-17240 Filed 7-9-02; 8:45 am]
> BILLING CODE 6560-50-P
> ----------------------------------------------------------------------------
> Alex J. Sagady & Associates  http://my.voyager.net/~ajs/sagady.pdf
> Environmental Enforcement, Technical Review, Public Policy and
> Communications on Air, Water and Waste/Community Environmental Protection
> PO Box 39,  East Lansing, MI  48826-0039
> (517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com
> ----------------------------------------------------------------------------
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