[Federal Register Volume 62, Number 215 (Thursday, November 6, 1997)]
[Rules and Regulations]
[Pages 59995-59996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29395]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI38-01-6734; FRL-5884-1]


Approval and Promulgation of Implementation Plans; Michigan

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
requested State Implementation Plan (SIP) revisions submitted by the 
State of Michigan for the purpose of transferring the authority of the 
Michigan Air Pollution Control Commission (Commission) to the Director 
of the Michigan Department of Natural Resources (MDNR) and subsequently 
transferring the authority of the Director of MDNR to the Director of 
the Michigan Department of Environmental Quality (MDEQ). Nothing in 
this action should be construed as permitting, allowing, or 
establishing a precedent for any future request for revision to any 
SIP. The EPA shall consider each request for revision to the SIP in 
light of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

DATES: This rule is effective: December 8, 1997.

ADDRESSES: Copies of the Michigan SIP revision request and EPA's 
analysis are available for inspection during normal business hours at 
the following location: EPA Region 5, Air and Radiation Division (AR-
18J), 77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Laura Gerleman, Air Programs Branch, 
Permits and Grants Section (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 
(312) 353-5703.
    Copies of the State of Michigan's final authorization revision 
application are available during normal business hours at the following 
addresses for inspection and copying: Library of Michigan, Government 
Documents Section, 717 West Allegan, Lansing, Michigan; Olson Library, 
Northern Michigan University, Harden Circle Drive, Marquette, Michigan; 
Detroit Public Library Main Branch, Sociology and Economics Department, 
5201 Woodward Avenue, Detroit, Michigan. To arrange for access to the 
materials in Lansing, call (517) 373-9489 between 9 a.m. and 6 p.m. on 
Mondays through Saturdays and between 12 p.m. and 4 p.m. on Sundays 
(Eastern time); in Marquette, call (906) 227-2260 between 8 a.m. and 12 
a.m. on Mondays through Thursdays, between 8 a.m. and 9 p.m. on 
Fridays, and between 10 a.m. and 6 p.m. on Sundays (Eastern time); in 
Detroit, call (313) 833-1440 between 9:30 a.m. and 5:30 p.m. on 
Tuesdays and Thursdays through Saturdays, and between 1 p.m. and 9 p.m. 
on Wednesdays (Eastern time).

SUPPLEMENTARY INFORMATION:

A. Executive Order 1991-31

    On November 8, 1991, Governor John Engler of Michigan signed 
Executive Order 1991-31 which, inter alia, abolished the Commission and 
transferred the authority of the Commission to the Director of MDNR. 
The State of Michigan submitted to EPA under a December 13, 1994 cover 
letter, a SIP revision request containing the transfer of authority of 
the Commission to the Director of MDNR. The EPA deemed the submittal 
complete in a February 16, 1995 letter to Roland Harmes, Director, 
MDNR.

B. Executive Order 1995-18

    On July 31, 1995, Governor Engler signed Executive Order 1995-18 
which, inter alia, elevated eight program divisions and two program 
offices from within MDNR to the MDEQ, effective October 1, 1995. The 
authority given to the Director of MDNR in Executive Order 1991-31 was 
conferred upon the Director of MDEQ in Executive Order 1995-18, with 
the exception of administrative appeals decisions.
    The State of Michigan submitted Executive Order 1995-18 to EPA 
under a January 19, 1996 cover letter as a supplement to the December 
13, 1994 SIP revision.

C. Authority

    On March 28, 1997, EPA proposed to approve Michigan's requested SIP 
revisions as reorganizations of Michigan's environmental agencies 
wherein the authorities of the Director of the Commission under the SIP 
have been conferred upon the Director of MDEQ by Executive Order. See 
62 FR 14843. The EPA did not receive any public comment on the 
proposal. In this notice, EPA is taking final action to approve these 
transfers of authority for the State of Michigan.
    The EPA notes that it is currently reviewing the Michigan 
Environmental Audit Privilege and Immunity Law, Public Act 132 of 1996, 
and its potential impact on Michigan's federally delegated and 
authorized programs, including programs under the Federal Clean Air Act 
(CAA). The EPA's approval only addresses the requested SIP revisions 
submitted by Michigan that result from Executive Order 1991-31 and 
Executive Order 1995-18. The EPA's approval of requested revisions to 
Michigan's SIP arising out of these two Executive Orders does not 
express any viewpoint on the question of whether there are legal 
deficiencies in Michigan's SIP resulting from Public Act 132 of 1996.

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 Act

    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 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.
    Delegation of the Governor's authority under the CAA does not 
impose any new requirements on small entities. EPA certifies that this 
delegation will not affect a substantial number of small entities.

[[Page 59996]]

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, 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 
private sector, of $100 million or more. Under Section 205, 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 EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    The 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 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

    Under section 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in this 
Federal Register. This rule is not a ``major rule'' as defined by 
section 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 5, 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations.

    Dated: August 13, 1997.
Michelle D. Jordan,
Acting Regional Administrator.
    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. 7401-7642(q).

Subpart X--Michigan

    2. Section 52.1170 is amended by adding paragraph (c)109 to read as 
follows:


Sec. 52.1170  Identification of plan.

* * * * *
    (c) * * *
    (109) On December 13, 1994 and January 19, 1996, Michigan submitted 
correspondence and Executive Orders 1991-31 and 1995-18 which indicated 
that the executive branch of government had been reorganized. As a 
result of the reorganization, delegation of the Governor's authority 
under the Clean Air Act was revised. The Environmental Protection 
Agency's approval of these Executive Orders is limited to those 
provisions affecting air pollution control. The Air Pollution Control 
Commission was abolished and its authority was initially transferred to 
the Director of the Michigan Department of Natural Resources (DNR). 
Subsequently, the Michigan Department of Natural Resources of 
Environmental Quality (DEQ) was created by elevating eight program 
divisions and two program offices previously located within the DNR. 
The authority then earlier vested to the Director of the Michigan DNR 
was then transferred to the Director of the Michigan DEQ with the 
exception of some administrative appeals decisions.
    (i) Incorporation by reference.
    (A) State of Michigan Executive Order 1991-31 Commission of Natural 
Resources, Department of Natural Resources, Michigan Department of 
Natural Resources Executive Reorganization. Introductory and concluding 
words of issuance and Title I: General; Part A: Sections 1, 2, 4 and 5, 
Part B. Title III: Environmental Protection; Part A: Sections 1 and 2, 
Part B. Title IV: Miscellaneous; Parts A and B, Part C: Sections 1, 2, 
4, Part D. Signed by John Engler, Governor, November 8, 1991. Filed 
with the Secretary of State November 8, 1991. Effective January 7, 
1992.
    (B) State of Michigan Executive Order No. 1995-18 Michigan 
Department of Environmental Quality, Michigan Department of Natural 
Resources Executive Reorganization. Introductory and concluding words 
of issuance. Paragraphs 1, 2, 3(a) and (g), 4, 7, 8, 9, 10, 11, 12, 13, 
15, 16, 17, 18. Signed by John Engler, Governor, July 31, 1995. Filed 
with the Secretary of State on August 1, 1995. Effective September 30, 
1995.

[FR Doc. 97-29395 Filed 11-5-97; 8:45 am]
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