[Federal Register Volume 63, Number 145 (Wednesday, July 29, 1998)]
[Rules and Regulations]
[Pages 40370-40371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20006]



[[Page 40370]]

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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.

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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.

I. Administrative Requirements

A. Executive Order (E.O.) 12866

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

B. 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).

C. 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.

D. 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.

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in 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)).

F. 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. 98-20006 Filed 7-28-98; 8:45 am]
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