Federal Register, Volume 74, Number 77, April 23, 2009, Pages 18449-18620 Page: 18,485
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Federal Register/Vol. 74, No. 77/Thursday, April 23, 2009/Proposed Rules
detailed rationale for this view is
described in a memorandum from Mary
Nichols, Assistant Administrator for Air
and Radiation, dated October 14, 1994,
entitled, "Part D New Source Review
Requirements for Areas Requesting
Redesignation to Attainment." Michigan
has demonstrated that the Detroit-Ann
Arbor area will be able to maintain the
standard without part D NSR in effect;
therefore, EPA concludes that the State
need not have a fully approved part D
NSR program prior to approval of the
redesignation request. The PSD program
was delegated to the State of Michigan
on September 10, 1979, and amended
on November 7, 1983, and September
26, 1988. In addition, on December 21,
2006, MDEQ submitted, as a revision to
its SIP, State rules to implement the
PSD program. On September 16, 2008,
EPA conditionally approved the
majority of Michigan's PSD program,
and partially disapproved the
subsection of Michigan's rule
corresponding to 40 CFR 51.166(p). On
September 30, 2008, MDEQ submitted a
revision to the SIP correcting the
deficiencies cited in the conditional
approval. The Federal delegation of
authority allows Michigan to continue
to implement 40 CFR 51.166(p).
The State's PSD program will become
effective in the Detroit-Ann Arbor area
upon redesignation to attainment. See
rulemakings for Detroit, Michigan (60
FR 12467-12468, March 7, 1995);
Cleveland-Akron-Lorain, Ohio (61 FR
20458, 20469-20470, May 7, 1996);
Louisville, Kentucky (66 FR 53665,
October 23, 2001); and Grand Rapids,
Michigan (61 FR 31834-31837, June 21,
1996).
Section 172(c)(6) requires the SIP to
contain control measures necessary to
provide for attainment of the standard.
Because attainment has been reached,
no additional measures are needed to
provide for attainment.
Section 172(c)(7) requires the SIP to
meet the applicable provisions of
section 110(a)(2). As noted above, we
believe the Michigan SIP meets the
requirements of section 110(a)(2).
Subpart 1 Section 176 Conformity
Requirements
Section 176(c) of the CAA requires
states to establish criteria and
procedures to ensure that Federally-
supported or funded activities,
including highway projects, conform to
the air quality planning goals in the
applicable SIPs. The requirement to
determine conformity applies to
transportation plans, programs and
projects developed, funded or approved
under Title 23 of the U.S. Code and theFederal Transit Act (transportation
conformity), as well as to all other
Federally-supported or funded projects
(general conformity). State conformity
revisions must be consistent with
Federal conformity regulations relating
to consultation, enforcement, and
enforceability, which EPA promulgated
pursuant to CAA requirements.
EPA believes that it is reasonable to
interpret the conformity SIP
requirements as not applying for
purposes of evaluating the redesignation
request under section 107(d) for two
reasons. First, the requirement to submit
SIP revisions to comply with the
conformity provisions of the CAA
continues to apply to areas after
redesignation to attainment since such
areas would be subject to a section 175A
maintenance plan. Second, EPA's
Federal conformity rules require the
performance of conformity analyses in
the absence of Federally-approved state
rules. Therefore, because areas are
subject to the conformity requirements
regardless of whether they are
redesignated to attainment and, because
they must implement conformity under
Federal rules if state rules are not yet
approved, EPA believes it is reasonable
to view these requirements as not
applying for purposes of evaluating a
redesignation request. See Wall v. EPA,
265 F.3d 426 (6th Cir. 2001), upholding
this interpretation. See also 60 FR
62748, 62749-62750 (Dec. 7, 1995)
(Tampa, Florida).
EPA approved Michigan's general and
transportation conformity SIPs on
December 18, 1996 (61 FR 666079 and
61 FR 66609, respectively). Michigan
has submitted onroad motor vehicle
budgets for the SEMCOG portion of the
Detroit-Ann Arbor area and Lenawee
County of 106 tpd and 2.1 tpd VOC and
274 tpd and 4.4 tpd NOx, respectively,
for the year 2020. The area must use the
MVEBs from the maintenance plan in
any conformity determination that is
effective on or after the effective date of
the maintenance plan approval.
Subpart 2 Section 182(a) Requirements
As set forth in the September 4, 1992,
and September 17, 1993, EPA guidance
memoranda referenced in section IV of
this action, What are the Criteria for
Redesignation?," only those
requirements which came due prior to
Michigan's submittal of a request to
designate the Detroit-Ann Arbor area
must be fully approved into the SIP
before or at the time EPA approves the
redesignation of the area to attainment.
These requirements are discussed
below.
Base year emissions inventory.
Section 182(a)(1) requires thesubmission of a base year emissions
inventory. As part of Michigan's
redesignation request for the Detroit-
Ann Arbor area, the State submitted a
2005 base year emissions inventory.
EPA is proposing to approve the 2005
base year inventory Michigan submitted
with the redesignation request as
meeting the section 182(a)(1) emissions
inventory requirement.
Emissions statements. EPA approved
Michigan's emission statement SIP, as
required by section 182(a)(3)(B), on
March 8, 1994 (59 FR 10752).
Thus, the Detroit-Ann Arbor area has
satisfied all applicable requirements
under section 110 and part D of the
CAA.
b. The Detroit-Ann Arbor Area Has a
Fully Approved Applicable SIP Under
Section 110(k) of the CAA
EPA has fully approved the Michigan
SIP for the Detroit-Ann Arbor area
under section 110(k) of the CAA for all
requirements applicable for purposes of
redesignation. EPA may rely on prior
SIP approvals in approving a
redesignation request (See page 3 of the
September 4, 1992, John Calcagni
memorandum; Southwestern
Pennsylvania Growth Alliance v.
Browner, 144 F.3d 984, 989-990 (6th
Cir. 1998); Wall v. EPA, 265 F.3d 426
(6th Cir. 2001)) plus any additional
measures it may approve in conjunction
with a redesignation action. See 68 FR
25413, 25426 (May 12, 2003). Since the
passage of the CAA of 1970, Michigan
has adopted and submitted, and EPA
has fully approved, provisions
addressing the various required SIP
elements applicable to the Detroit-Ann
Arbor County area under the 1-hour
ozone standard. In this action, EPA is
proposing to approve Michigan's 2005
base year emissions inventory for the
Detroit-Ann Arbor area as meeting the
requirement of section 182(a)(1) of the
CAA. With the exception of Michigan's
PSD SIP, which is discussed above, no
Detroit-Ann Arbor area SIP provisions
are currently disapproved, conditionally
approved, or partially approved.
3. The Improvement in Air Quality Is
Due to Permanent and Enforceable
Reductions in Emissions Resulting From
Implementation of the SIP and
Applicable Federal Air Pollution
Control Regulations and Other
Permanent and Enforceable Reductions
(Section 107(d)(3)(E)(iii))
EPA finds that Michigan has
demonstrated that the observed air
quality improvement in the Detroit-Ann
Arbor area is due to permanent and
enforceable reductions in emissionsresulting from implementation of the
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 77, April 23, 2009, Pages 18449-18620, periodical, April 23, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132939/m1/43/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.