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E-M:/ Direct final CO rule



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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The other post was the proposed rule on Carbon Monoxide in
Michigan....this is the direct final rule.....
....this stuff affects conformity decisions with the CleanAir Act for
highways....


[Federal Register: January 28, 2005 (Volume 70, Number 18)] [Rules and Regulations] [Page 4019-4023] >From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr28ja05-12]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R05-OAR-2004-MI-0003; FRL-7865-2]

Approval and Promulgation of Maintenance Plan Revisions; Michigan

AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
December 19, 2003 request from Michigan for a State Implementation Plan
(SIP) revision of the Southeast Michigan carbon monoxide (CO)
maintenance plan. The CO maintenance plan revision establishes a new
on-road emissions inventory for the years 1996 and 2010. The revision
also establishes a new transportation conformity motor vehicle
emissions budget (MVEB) for the year 2010. The emission inventory and
MVEB updates are designed to maintain the National Ambient Air Quality
Standards (NAAQS) for CO as required by the Clean Air Act (CAA).

DATES: This rule is effective on March 29, 2005, unless EPA receives
adverse written comments by February 28, 2005. If EPA receives adverse
comments, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take effect.

ADDRESSES: Submit comments, identified by Regional Material in EDocket
(RME) ID No. R05-OAR-2004-MI-0003, by one of the following methods:
Federal eRulemaking Portal: <A HREF="http://www.regulations.gov";>http://www.regulations.gov</A>.
Follow the on-line instructions for submitting comments.
Agency Web site: <A HREF="http://docket.epa.gov/rmepub/";>http://docket.epa.gov/rmepub/</A>. Regional RME, EPA's
electronic public docket and comments system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
E-mail: <A HREF="mailto:mooney.john@epa.gov";>mooney.john@epa.gov</A>.
Fax: (312)886-5824.
Mail: You may send written comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Hand delivery: Deliver your comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR-18J), U.S. Environmental Protection
Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago,
Illinois 60604. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.
excluding Federal holidays.
Instructions: Direct your comments to RME ID No. R05-OAR-2004-MI-
0003. EPA's policy is that all comments received will be included in
the public docket without change, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and the federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity


[[Page 4020]]

or contact information unless you provide it in the body of your
comment. If you send an e-mail comment directly to EPA without going
through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional instructions on submitting
comments, see ``How and to whom do I submit comments?'' of the
SUPPLEMENTARY INFORMATION section of this rule.
Docket: All documents in the electronic docket are listed in the
RME index at <A HREF="http://docket.epa.gov/rmepub/";>http://docket.epa.gov/rmepub/</A>. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Publicly
available docket materials are available either electronically in RME
or in hard copy at Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
This Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. Please contact Anthony Maietta at
(312) 353-8777 before visiting the Region 5 office.


FOR FURTHER INFORMATION CONTACT: Anthony J. Maietta, Life Scientist,
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353-8777, <A HREF="mailto:maietta.anthony@epa.gov";>maietta.anthony@epa.gov</A>.


SUPPLEMENTARY INFORMATION: This SUPPLEMENTARY INFORMATION section is
arranged as follows:

I. General Information
    A. Does This Action Apply to Me?
    B. How Can I Get Copies of This Document and Other Related Information?
    C. How and to Whom Do I Submit Comments?
II. What Action Is EPA Taking Today?
III. Did the State Properly Approve the Underlying State Rule?
IV. What Is Transportation Conformity?
V. What Is an On-Road Emissions Inventory?
VI. What Is an Emissions Budget?
VII. How Does This Action Change the Southeast Michigan CO
Maintenance Plan?
VIII. Why Is This Request Approvable?
IX. Statutory and Executive Order Reviews

I. General Information

A. Does This Action Apply to Me?

    Approval of the requested revision will mainly affect the entities
responsible for transportation planning in the Southeast Michigan CO
maintenance area. Those entities include, but are not limited to, the
Southeast Michigan Council of Governments (SEMCOG), and the Michigan
Department of Transportation. This action is approving non-regulatory
changes to the state's CO maintenance plan.

B. How Can I Get Copies of This Document and Other Related Information?

The Regional Office has established an electronic public rulemaking
file available for inspection at RME under RME ID No. R05-OAR-2004-MI-
0003, and a hard copy file which is available for inspection at the
Regional Office. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking file does not include CBI or
other information whose disclosure is restricted by statute. The
official public rulemaking file is the collection of materials that is
available for public viewing at the Air Programs Branch, Air and
Radiation Division, EPA Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604. EPA requests that, if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Electronic Access. You may access this Federal Register document
electronically through the regulations.gov Web site located at <A HREF="http://www.regulations.gov";>http://
www.regulations.gov</A> where you can find, review, and submit
comments on Federal rules that have been published in the Federal Register,
the Government's legal newspaper, and that are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public inspection.


C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking Region 5 Air Docket R05-OAR-
2004-MI-0003'' in the subject line on the first page of your comment.
Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.
    For detailed instructions on submitting public comments and on what
to consider as you prepare your comments see the ADDRESSES section and
the section I(B) of the SUPPLEMENTARY INFORMATION section of the
related proposed rule which is published in the Proposed Rules section
of this Federal Register.

II. What Action Is EPA Taking Today?

    EPA is approving a December 19, 2003 request from the State of
Michigan to revise the Southeast Michigan CO maintenance plan. The
Southeast Michigan CO maintenance area consists of portions of Oakland,
Macomb, and Wayne Counties. EPA designated Southeast Michigan as
attainment in a June 30, 1999 Federal Register notice (64 FR 35017). At
that time, an on-road CO emissions inventory was created for Southeast
Michigan for the years 1996 and 2010. A 2010 MVEB was also created at
that time. As a result of today's action, the 1996 base year on-road
emissions inventory, forecast year, 2010, emissions inventory, and the
2010 MVEB will be updated to meet EPA's requirement to use the Mobile6
emissions factor model to determine mobile source emissions and
conformity to the CO maintenance SIP. EPA required use of the Mobile6
model as of January 29, 2004. By approving the revision, EPA ensures
that future emission forecasts for conformity

[[Page 4021]]

analyses in the Southeast Michigan CO maintenance area will be compared
to budgets that are based on similar inputs and the same version of the
Mobile model.
    EPA is publishing this action without prior proposal because we
view this as a noncontroversial SIP revision and anticipate no adverse
comments. However, in the proposed rules of this Federal Register
publication, we are publishing a separate document that will serve as
the proposal to approve the state plan revision if we receive relevant
adverse comments and, therefore, withdraw this direct final rule. This
rule will be effective March 29, 2005 without further notice unless we
receive relevant adverse comments by February 28, 2005. If we receive
such comments, we will withdraw this action before the effective date
by publishing a document withdrawing the direct final approval action.
EPA will not provide a second comment period on this action. Any person
interested in commenting on this action should do so at this time.

III. Did the State Properly Approve the Underlying State Rule?

    On December 19, 2003, Michigan submitted to EPA for approval, a SIP
revision for the Southeast Michigan CO maintenance area. The Michigan
Department of Environmental Quality (MDEQ) held a public hearing on the
matter on September 9, 2003. Four people attended the hearing. MDEQ did
not receive any comments on the proposed revision.
    In the submittal, the State requests that the 1996 base year on-
road CO emissions inventory be changed to 3,866.2 tons/day, and that
the 2010 MVEB be changed to 3,842.7 tons/day. The State also added the
forecast year 2010 emissions inventory of 1,942.5 tons/day. The MVEB,
which is partly determined by using the base year on-road emissions
inventory, is used for purposes of transportation conformity.

IV. What Is Transportation Conformity?

    Transportation conformity is a mechanism for determining the amount
of emissions created by a transportation project, plan, or program in a
nonattainment or maintenance area, making sure that such emissions do
not cause or contribute to violations of the NAAQS, or impede the rate
of progress toward attaining or maintaining the NAAQS. Because the SIP
contains measures that will help an area attain or maintain the NAAQS,
transportation activities must ``conform'' to the goals outlined in the
SIP. On November 24, 1993, EPA published a final rule establishing
criteria and procedures for determining whether transportation plans,
programs and projects funded or approved under Title 23 of the United
States Code or the Federal Transit Act conform to the SIPs.
    The transportation conformity rules require a CO maintenance area,
like Southeast Michigan, to compare the actual projected emissions from
cars, trucks and buses on the highway network, to the MVEB established
by a maintenance plan. The Southeast Michigan area has an approved CO
maintenance plan (see 64 FR 35017). Our approval of the original
maintenance plan established the Southeast Michigan MVEB for
transportation conformity purposes. At the time of approval, Mobile5
was the required computer model for estimating the amount of on-road
emissions in an area. As of January 29, 2004, Mobile6 is the required
model for estimating on-road emissions. By taking into account revised
techniques for estimating motor vehicle emissions, Mobile6 provides a
more accurate estimate of emissions than Mobile5.

V. What Is an On-Road Emissions Inventory?

    General SIP provisions for nonattainment areas call for an
inventory of all known emissions sources in that area to determine
where emissions come from, and to provide a tool for evaluating
potential emission control strategies. In a maintenance area, the
emissions inventory shows the amount of a pollutant, in this case, CO,
that an area can emit while still maintaining the CO air quality
standards. Emissions from point, area, and mobile sources are estimated
as part of this process. Forecasts of emissions in future years can
then be calculated. These forecasts take into account emissions
reductions from federal and state measures, as well as growth in
emissions resulting from population growth and economic development.
For purposes of transportation conformity, the emissions inventory and
emissions forecast are used to determine the amount of on-road mobile
source emissions an area can emit while still maintaining the NAAQS for
that pollutant.
    In the original CO maintenance plan, an emissions inventory was
calculated for the base year 1986 and a forecast year of 1996. Point,
area, off-road, and on-road sources were estimated. The on-road
portions of the original inventory and forecast were created using the
Mobile5 model. Michigan updated the on-road emissions inventory and
forecast year inventory in June 1999. In the current submittal, Mobile6
is used to determine the on-road portions of the inventory and
forecast. EPA policy requires this switch as of January 29, 2004
because EPA believes that the Mobile6 model more accurately predicts
emissions levels. The State's action is simply an update of its
original estimates of the on-road portion of the 1996 base year
emissions inventory, using the newer model. The following Table shows
the revised CO emissions inventory and forecast for Southeast Michigan.

Table 1.--Southeast Michigan CO Emissions Inventory
[Tons/day]
----------------------------------------------------------------------------------------------------------------
Percent
Source type 1996 2010 1996-2010 change 1996-
change 2010
----------------------------------------------------------------------------------------------------------------
Point....................................................... 128.7 140.0 11.3 8.8
Area........................................................ 129.7 137.6 7.9 6.0
Off-road Mobile............................................. 233.0 237.1 4.1 1.8
On-road Mobile.............................................. 3,866.2 1942.5 -1923.7 -49.8
--------------
Total................................................... 4,357.6 2457.2 -1900.4 -43.6
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[[Page 4022]]

VI. What Is an Emissions Budget?

    A motor vehicle emissions budget (also known as a conformity
budget) is the projected level of controlled emissions from the
transportation sector (on-road mobile sources) that is estimated in the
SIP. The SIP includes emissions control programs at the state and
federal level, examples include requirements on motor vehicle fuels and
exhaust standards for cars and trucks. The emissions budget concept is
further explained in the preamble to the November 24, 1993,
transportation conformity rule (58 FR 62188). The preamble also
describes how to establish the MVEB in the SIP and how to revise the
emissions budget. The transportation conformity rule provides for
updates to the MVEB, and the revised MVEB is acceptable so long as the
level of projected emissions from all sources (point, mobile, and area)
remains at or below the level necessary to attain the NAAQS. Because
that level of projected emissions will change as a result of today's
actions, a new MVEB must be created. The following Table contains the
new MVEB for Southeast Michigan.

  Table 2.--2010 CO Motor Vehicle Emissions Budget (MVEB) for Southeast
                                Michigan
                               [Tons/day]
------------------------------------------------------------------------

------------------------------------------------------------------------
Total reductions from 1996 to 2010.........................      1,900.4
2010 On-road Mobile Source Emissions.......................      1,942.5
                                                            ------------
    Total..................................................      3,842.9
------------------------------------------------------------------------

VII. How Does This Action Change the Southeast Michigan CO Maintenance
Plan?

    When the budget was reassessed using Mobile6, the on-road CO
estimates increased from earlier estimates. However, it is important to
note that there is no actual increase of CO emissions in Southeast
Michigan. The perceived increase is caused by changes in the estimation
techniques, not by relaxation of control requirements.

VIII. Why Is This Request Approvable?

    As noted above, the State's submittal is consistent with EPA
policies and requirements, and is therefore approvable. EPA believes
the revised emissions inventory and MVEB budgets are adequate for
conformity purposes and are approvable as part of the maintenance plan.

IX. Statutory and Executive Order Reviews

Executive Order 12866; Regulatory Planning and Review

    Under Executive Order 12866 (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.

Executive Order 13211: Actions That Significantly Affect Energy Supply,
Distribution, or Use

    Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant energy action,'' 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).

Regulatory Flexibility Act

    This action merely approves state regulations as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state regulations. 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.).

Unfunded Mandates Reform Act

    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 or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13175 Consultation and Coordination With Indian Tribal
Governments

    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
(59 FR 22951, November 9, 2000).

Executive Order 13132 Federalism

    This action also does not have Federalism implications because it
does 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 (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.

Executive Order 13045 Protection of Children From Environmental Health
and Safety Risks

    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 economically significant.

National Technology Transfer Advancement Act

    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 program 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 program 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 program submission that otherwise satisfies the provisions of the
Act. Therefore, the requirements of section 12(d) of the NTTA do not
apply.

Civil Justice Reform

    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.

Governmental Interference With Constitutionally Protected Property Rights

    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 Takings'' issued
under the executive order, and has determined

[[Page 4023]]

that the rule's requirements do not constitute a taking.

Paperwork Reduction Act

    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.).

Congressional Review Act

    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. Section 804 exempts from section 801 the following types
of rules: (1) Rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding this action under section 801 because
this is a rule of particular applicability. 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 June 15, 2004. 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 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations.

    Dated: January 14, 2005.
Norman Neidergang,
Acting Regional Administrator, Region 5.

? Part 52, 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:

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

Subpart X--Michigan

? 2. Section 52.1179 is revised to read as follows:

Sec. 52.1179 Control strategy: Carbon monoxide.

    (a) 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 sections 107(d)(3)(E) and 175A of the Act as amended in
1990.
    (b) Approval--On December 19, 2003, Michigan submitted a request to
revise its plan for the Southeast Michigan CO maintenance area
(consisting of portions of Wayne, Oakland and Macomb Counties). The
submittal contains updated emission inventories for 1996 and 2010, and
an update to the 2010 motor vehicle emissions budget (MVEB). The 2010
MVEB is 3,842.9 tons of CO per day.

[FR Doc. 05-1633 Filed 1-27-05; 8:45 am]
BILLING CODE 6560-50-P



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Alex J. Sagady & Associates        http://www.sagady.com

Environmental Enforcement, Permit/Technical Review, Public Policy,
Evidence Review and Litigation Investigation on Air, Water and
Waste/Community Environmental and Resource Protection
Prospectus at:  http://www.sagady.com/sagady.pdf

PO Box 39,  East Lansing, MI  48826-0039
(517) 332-6971; (517) 332-8987 (fax); ajs@sagady.com
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