Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations 66545 

Name of non-regulatory SIP revision Applicable geographic 

or nonattainment area 

State submittal 

date 

EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements 

for the 1997 8-Hour Ozone NAAQS.

Statewide ..................... 12/13/07 

9/19/08 

9/16/09 

8/4/11, 76 FR 47068 This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M) or portions 

thereof. 

Statewide ..................... 12/13/07 

9/19/08 

9/16/09 

4/1/10 

11/6/12 [Insert page 

number where the 

document begins] 

This action addresses the following CAA elements: 110(a)(2)(D)(i)(II) or portions thereof. 

Section 110(a)(2) Infrastructure Requirements 

for the 1997 PM2.5 NAAQS.

Statewide ..................... 12/13/07 

3/12/08 

9/16/09 

3/10/10 

8/4/11, 76 FR 47068 This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M) or portions 

thereof. 

Statewide ..................... 12/13/07 

3/12/08 

9/16/09 

3/14/12 

11/6/12 [Insert page 

number where the 

document begins] 

This action addresses the following CAA elements: 110(a)(2)(D)(i)(II) or portions thereof. 

Section 110(a)(2) Infrastructure Requirements 

for the 2006 PM2.5 NAAQS.

Statewide ..................... 9/16/09 

3/10/10 

8/4/11, 76 FR 47068 This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M), or portions 

thereof. 

Statewide ..................... 9/16/09 

3/14/12 

11/6/12 [Insert page 

number where the 

document begins] 

This action addresses the following CAA elements: 110(a)(2)(D)(i)(II) or portions thereof. 

*******

Section 110(a)(2) Infrastructure Requirements 

for the 2008 Lead NAAQS.

Statewide ..................... 10/17/11 9/10/12, 77 FR 55420 This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), 

(G), (H), (J), (K), (L), and (M) or portions 

thereof. 

Statewide ..................... 10/17/11 

3/14/12 

11/6/12 [Insert page 

number where the 

document begins] 

This action addresses the following CAA elements: 110(a)(2)(C), (D)(i)(II), and (J) or portions thereof. 

Dated: October 19, 2012. 

W.C. Early, 

Acting Regional Administrator, EPA Region 

III. 

[FR Doc. 2012–26951 Filed 11–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0467; FRL–9748–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan; Determination of Attainment 

of the 1997 Annual Fine Particle 

Standard for the Detroit-Ann Arbor 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making two final 

determinations under the Clean Air Act 

(Act) regarding the 1997 annual fine 

particle (PM2.5) nonattainment area of 

Detroit-Ann Arbor, Michigan 

(Livingston, Macomb, Monroe, Oakland, 

St. Clair, Washtenaw, and Wayne 

Counties) (Detroit-Ann Arbor area or 

area). First, EPA is determining that the 

Detroit-Ann Arbor area has attained the 

1997 annual PM2.5 National Ambient 

Air Quality Standard (NAAQS). EPA 

made this determination of attainment 

based upon complete, quality-assured, 

and certified ambient air monitoring 

data for 2009–2011, showing that the 

area has monitored attainment of the 

1997 annual PM2.5 NAAQS. Preliminary 

data available for 2012 indicate 

continued attainment. Pursuant to EPA 

rule, this determination suspends the 

requirements for the Detroit-Ann Arbor 

area to submit an attainment 

demonstration, associated reasonably 

available control measures (RACM) to 

include reasonably available control 

technology (RACT), a reasonable further 

progress (RFP) plan, contingency 

measures, and other planning State 

Implementation Plan (SIP) revisions 

related to attainment of the 1997 annual 

PM2.5 NAAQS so long as the area 

continues to attain the PM2.5 NAAQS. 

EPA is also determining, based on 

complete, quality-assured and certified 

monitoring data for the 2007–2010 

monitoring period, that the Detroit-Ann 

Arbor area had attained the 1997 annual 

PM2.5 NAAQS by the its attainment date 

of April 5, 2010. 

DATES: Effective Date: This final rule is 

effective on December 6, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R05–OAR–2012–0467. All 

documents in these dockets are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the U.S. 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 

Federal holidays. We recommend that 

you telephone Carolyn Persoon at (312) 

353–8290 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@epa.gov. 


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66546 Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: This 

supplementary information section is 

arranged as follows: 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

In this action, EPA is making final 

determinations solely with respect to 

the 1997 annual PM2.5 NAAQS. First, 

EPA is finalizing its proposed 

determination that the Detroit-Ann 

Arbor area has attained the 1997 annual 

PM2.5 NAAQS, based upon complete, 

quality-assured, and certified ambient 

air monitoring data for 2009–2011. 

Preliminary data for 2012 indicate 

continued attainment. Second, pursuant 

to section 179(c) of the Act, EPA is 

finalizing the proposed determination 

that the Detroit-Ann Arbor area attained 

the 1997 annual PM2.5 NAAQS by its 

attainment date, April 5, 2010. 

On July 5, 2012 (77 FR 39659), EPA 

proposed these two determinations 

related to the 1997 annual PM2.5

NAAQS. A discussion of the rationale 

for these determinations and their 

effects was included in the notice of 

proposed rulemaking. EPA received one 

supportive comment related to these 

proposed determinations which can be 

found in the docket. EPA received no 

adverse comments addressing these 

proposed determinations for the 1997 

PM2.5 NAAQS. 

In its July 5, 2012 notice, EPA also 

proposed to make a separate 

determination with respect to the 

Detroit-Ann Arbor area’s attainment of 

the 24-hour 2006 PM2.5 standard. EPA is 

not finalizing its proposal with respect 

to the 2006 PM2.5 standard here. Instead, 

EPA intends to address the attainment 

status of the Detroit-Ann Arbor area for 

the 2006 PM2.5 standard in a future, 

separate rulemaking action. 

II. What is the effect of this action? 

Under the provisions of EPA’s PM2.5

implementation rule (40 CFR 

51.1004(c)), EPA’s final determination 

that the area has attained the 1997 

annual PM2.5 standard, based on the 

most recent quality-assured and 

certified data, suspends the 

requirements for the State of Michigan 

to submit for the Detroit Ann-Arbor area 

an attainment demonstration and 

associated RACM (including RACT), a 

RFP plan, contingency measures, and 

any other planning SIPs related to 

attainment of the 1997 PM2.5 NAAQS for 

so long as the area continues to attain 

the 1997 annual PM2.5 NAAQS. If EPA 

subsequently determines, after notice 

and comment rulemaking, that this area 

violates the 1997 annual PM2.5 NAAQS, 

the basis for the suspension of the 

specific requirements, set forth at 40 

CFR 51.1004(c), would no longer exist 

and the area would thereafter have to 

address the pertinent requirements. 

This action does not constitute a 

redesignation of the Detroit Ann-Arbor 

area to attainment of the 1997 annual 

PM2.5 NAAQS under section 107(d)(3) of 

the Act. Further, this action is not an 

EPA approval of a maintenance plan for 

the area as required under section 175A 

of the Act, nor a finding that the area 

has met all other requirements for 

redesignation. Even after a 

determination of attainment by EPA, the 

designation status of the Detroit AnnArbor area remains nonattainment for 

the 1997 annual PM2.5 NAAQS until 

such time as EPA determines that the 

area meets the Act requirements for 

redesignation to attainment and takes 

action to redesignate the Detroit AnnArbor area. 

Pursuant to section 179(c)(1) of the 

Act, EPA is also determining that the 

Detroit-Ann Arbor area attained the 

1997 annual PM2.5 NAAQS by its 

attainment date of April 5, 2010. In 

finalizing this action, EPA has satisfied 

its obligation under section 179(c). 

III. Statutory and Executive Order 

Reviews 

This final action makes attainment 

determinations of the Detroit area’s 

attainment of the 1997 PM2.5 NAAQS 

based on air quality data and results in 

the suspension of certain Federal 

requirements and does not impose any 

additional requirements. For that 

reason, this final action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Act; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, these 1997 PM2.5 NAAQS 

attainment determinations do not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

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 action 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 Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 7, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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, Incorporation by 

reference, Particulate matter, Reporting 

and recordkeeping requirements. 


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Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations 66547 

Dated: October 19, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.1173 is amended by 

adding paragraphs (h) and (i) to read as 

follows: 

§ 52.1173 Control strategy: Particulates. 

* * * * * 

(h) Determination of Attainment. EPA 

has determined, as of November 6, 2012, 

that based on 2009–2011 ambient air 

quality data, the Detroit-Ann Arbor 

nonattainment area has attained the 

1997 annual PM2.5 NAAQS. This 

determination, in accordance with 40 

CFR 51.1004(c), suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 annual PM2.5

NAAQS. 

(i) Pursuant to Clean Air Act section 

179(c), EPA has determined that the 

Detroit-Ann Arbor area attained the 

annual 1997 PM2.5 NAAQS by the 

applicable attainment date, April 5, 

2010. 

[FR Doc. 2012–26957 Filed 11–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2008–0520; FRL 9748–9] 

Approval and Promulgation of 

Implementation Plans; Michigan; 

Detroit-Ann Arbor Nonattainment Area; 

Fine Particulate Matter 2005 Base Year 

Emissions Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the fine 

particulate matter (PM2.5) 2005 base year 

emissions inventory, a portion of the 

State Implementation Plan (SIP) 

revision submitted by the Michigan 

Department of Environmental Quality 

(MDEQ) on June 13, 2008. The 

emissions inventory is part of 

Michigan’s SIP revision that was 

submitted to meet the nonattainment 

requirements related to the state’s 

Detroit-Ann Arbor (Livingston, 

Macomb, Monroe, Oakland, St. Clair, 

Washtenaw, and Wayne Counties) 

nonattainment area for the 1997 annual 

PM2.5 national ambient air quality 

standards (NAAQS). This action is being 

taken pursuant to sections 110 and 172 

of the Clean Air Act (CAA). 

DATES: This final rule is effective on 

December 6, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R05–OAR–2008–0520. All 

documents in these dockets are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the U.S. 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 

Federal holidays. We recommend that 

you telephone Carolyn Persoon at (312) 

353–8290 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What action is EPA taking? 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

On August 1, 2012 (77 FR 45532), 

EPA published a proposed rulemaking 

to approve Michigan’s PM2.5 2005 base 

year emissions inventory for the DetroitAnn Arbor area. EPA did not receive 

any comments, adverse or otherwise, on 

the August 1, 2012, proposed 

rulemaking. Pursuant to section 110 and 

172 of the CAA, EPA is now taking final 

action to approve the Detroit-Ann Arbor 

area PM2.5 2005 base year emissions 

inventory as provided in EPA’s August 

1, 2012, proposed rulemaking. A 

summary of the background for today’s 

final action is provided below. For more 

detail, please refer to EPA’s proposed 

rulemaking at 77 FR 45532. 

Section 172(c)(3) of the CAA requires 

areas to submit a comprehensive, 

accurate, and current inventory from all 

sources of actual emissions of the 

relevant pollutant or pollutants in such 

area. Michigan selected 2005 as the base 

year for the emissions inventory per 40 

CFR 51.1008(b). Emissions contained in 

Michigan’s SIP revision covered the 

general source categories of point 

sources, non-road mobile sources, area 

sources, marine, aircraft and rail, and 

on-road mobile sources. A detailed 

discussion of the emissions inventory 

and its development can be found in the 

August 1, 2012, proposal. EPA has 

reviewed Michigan’s Detroit-Ann Arbor 

PM2.5 2005 base year emissions 

inventory and has determined that it is 

adequate for the purposes of meeting the 

section 172(c)(3) emissions inventory 

requirement. Further, EPA has made the 

determination that the emissions were 

developed consistent with the CAA, 

implementing regulations, and EPA 

guidance for emission inventories. 

II. Final Action 

EPA is taking final action to approve 

the PM2.5 2005 base year emissions 

inventory portion of the SIP revision 

submitted by MDEQ on June 13, 2008, 

consistent with sections 110 and 172 of 

the CAA. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this final action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this final action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 


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