Air quality implementation plans; approval and promulgation; various States: Michigan,

[Federal Register: July 29, 1998 (Volume 63, Number 145)]

[Rules and Regulations]

[Page 40370-40371]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr29jy98-7]

[[Page 40370]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI67-01-7275; FRL-6128-6]

Approval and Promulgation of Implementation Plans; Michigan: Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency.

ACTION: Removal of direct final rule amendment.

SUMMARY: On May 19, 1998, the Environmental Protection Agency (EPA) published a proposed rule (63 FR 27541) and a direct final rule (63 FR 27492) approving a correction to the State Implementation Plan (SIP) for the State of Michigan regarding the State's emission limitations and prohibitions for air contaminant or water vapor. The EPA determined that Michigan's air quality Administrative Rule, R336.1901 (Rule 901), was erroneously incorporated into the SIP and approved removal of Rule 901 from the approved Michigan SIP because Rule 901 does not have a reasonable connection to the national ambient air quality standards (NAAQS) and related air quality goals of the Clean Air Act. The EPA is removing the final rule amendment due to adverse comments and will summarize and address all relevant public comments in a subsequent final rule (based upon the proposed rule cited above).

EFFECTIVE DATE: This removal is effective July 29, 1998.

ADDRESSES: Copies of the documents relevant to this action are available for public inspection during normal business hours at the following location: United States Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. (Please telephone Victoria Hayden at (312) 886-4023 before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Victoria Hayden, 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, telephone number (312) 886-4023.

1. Administrative Requirements

1. Executive Order (E.O.) 12866

   The Office of Management and Budget has exempted this regulatory action from E.O. 12866 review.

2. Regulatory Flexibility

   Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA must prepare a regulatory flexibility analysis assessing the impact of any proposed or final rule on small entities (5 U.S.C. 603 and 604). Alternatively, EPA may certify that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small not-for-profit enterprises, and government entities with jurisdiction over populations of less than 50,000.

   SIP approvals under section 110 and subchapter I, part D of the Act do not create any new requirements but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP approval does not impose any new requirements, the Administrator certifies that it does not have a significant impact on any small entities affected. Moreover, due to the nature of the Federal-State relationship under the CAA, preparation of a flexibility analysis would constitute Federal inquiry into the economic reasonableness of state action. The Act forbids EPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

3. Unfunded Mandates

   Under section 202 of the Unfunded Mandates Reform Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA must prepare a budgetary impact statement to accompany any proposed or final rule that includes a Federal mandate that may result in estimated costs to State, local, or tribal governments in the aggregate; or to the private sector, of $100 million or more. Under section 205, the EPA must select the most cost-effective and least burdensome alternative that achieves the objectives of the rule and is consistent with statutory requirements. Section 203 requires the EPA to establish a plan for informing and advising any small governments that may be significantly or uniquely impacted by the rule.

   EPA has determined that the approval action promulgated does not include a Federal mandate that may result in estimated costs of $100 million or more to either state, local, or tribal governments in the aggregate, or to the private sector. This Federal action approves pre- existing requirements under State or local law, and imposes no new requirements. Accordingly, no additional costs to state, local, or tribal governments, or to the private sector, result from this action.

4. Submission to Congress and the General Accounting Office

   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. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This rule will be effective.

5. Petitions for Judicial Review

   Under section 307(b)(1) of the Act, petitions for judicial review of this action must be filedin the United States Court of Appeals for the appropriate circuit by September 28, 1998. 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)).

6. Protection of Children From Environmental Health Risks and Safety Risks

   This direct final rule is not subject to E.O. 13045, entitled ``Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997), because it is not an economically significant regulatory action as defined by E.O. 12866.''

   List of Subjects in 40 CFR Part 52

   Environmental protection, Air pollution control, Reporting and recordkeeping.

   Accordingly, 40 CFR part 52 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.

      [[Page 40371]]

      Subpart X--Michigan

      Sec. 52.1174 Amended

   2. Section 52.1174 is amended by removing paragraph (q).

      Dated: July 9, 1998. David A. Ullrich, Acting Regional Administrator.

      [FR Doc. 98-20006Filed7-28-98; 8:45 am]

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