Federal Register / Vol. 62, No. 60 / Friday, March 28, 1997 / Proposed Rules 14843

Indicia Program Product/Service

Provider Infrastructure Specification.

Contact the Manager, Retail Systems

and Equipment, USPS, 475 L’Enfant

Plaza, Washington DC 20260–6807 for

these requirements.

§ 502.31 Notice of Proposed Changes in

Regulations.

Appropriate amendments to 39 CFR

parts 111 and 502 to reflect these

changes will be published if the

proposal is adopted

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97–7861 Filed 3–27–97; 8:45 am]

BILLING CODE 7710–12–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[MI38–01–6734; FRL–5803–2]

Approval And Promulgation Of

Implementation Plans: Michigan

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) is proposing to approve

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: Comments on this proposed rule

must be received in writing on or before

April 28, 1997. Public comments on this

document are requested and will be

considered before taking final action on

this SIP revision.

ADDRESSES: Written comments should

be sent to: Carlton T. Nash, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

Copies of the Michigan SIP revision

request and EPA’s analysis are available

for inspection at the above address.

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).

Anyone wishing to come to the Region

5 offices should contact Laura Gerleman

first.

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. For

administrative appeals where the

Director of MDEQ made the original

permit decision, Executive Order 1995–

18 requires the Director to appoint an

individual within or outside MDEQ to

decide the appeal.

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

The EPA proposes 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. Public comment is

solicited on the requested SIP revision

and on EPA’s proposed approval of the

request. Public comments received by

the date indicated above will be

considered in the development of EPA’s

final rule.

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. The EPA’s proposed

approval only addresses and seeks

comments on the requested SIP

revisions submitted by Michigan that

result from Executive Order 1991–31

and Executive Order 1995–18. The

EPA’s proposed 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

This action has been classified as a

Table 3 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by a July 10,

1995 memorandum from Mary Nichols,

Assistant Administrator for Air and

Radiation. The Office of Management

and Budget (OMB) has exempted this

regulatory action from E.O. 12866

review.

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
14844 Federal Register / Vol. 62, No. 60 / Friday, March 28, 1997 / Proposed Rules

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

The 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, I

certify that this does not have a

significant impact on small entities

affected. Moreover, due to the nature of

the Federal-State relationship under the

Act, preparation of a regulatory

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. See

Union Electric Co. v. EPA, 427 U.S. 246,

256–66 (1976); 42 U.S.C. 7410(a)(2).

Section 202 of the Unfunded

Mandates Reform Act of 1995

(’’Unfunded Mandates Act’’) (signed

into law on March 22, 1995) requires

that the EPA prepare a budgetary impact

statement before promulgating a rule

that includes a Federal mandate that

may result in expenditure by State,

local, and tribal governments, in

aggregate, or by the private sector, of

$100 million or more in any one year.

Section 203 requires the Agency to

establish a plan for obtaining input from

and informing, educating, and advising

any small governments that may be

significantly or uniquely affected by the

rule.

Under section 205 of the Unfunded

Mandates Act, the EPA must identify

and consider a reasonable number of

regulatory alternatives before

promulgating a rule for which a

budgetary impact statement must be

prepared. The EPA must select from

those alternatives the least costly, most

cost-effective, or least burdensome

alternative that achieves the objectives

of the rule, unless the EPA explains why

this alternative is not selected or the

selection of this alternative is

inconsistent with law.

Because this proposed rule is

estimated to result in the expenditure by

State, local, and tribal governments or

the private sector of less than $100

million in any one year, the EPA has not

prepared a budgetary impact statement

or specifically addressed the selection of

the least costly, most cost-effective, or

least burdensome alternative. Because

small governments will not be

significantly or uniquely affected by this

rule, the EPA is not required to develop

a plan with regard to small

governments. This rule imposes no

additional regulatory burden.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Intergovernmental

relations.

Authority: 42 U.S.C. 7401–7671(q).

Dated: March 14, 1997.

David A. Ullrich,

Acting Regional Administrator.

[FR Doc. 97–7818 Filed 3–27–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 123

[FRL–5803–3]

Modification of Michigan’s Approved

Program to Administer the National

Pollutant Discharge Elimination

System Permitting Program

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of proposed approval;

request for public comment.

SUMMARY: This document announces

EPA’s intention to approve modification

of Michigan’s approved National

Pollutant Discharge Elimination System

(NPDES) permitting program,

specifically, to explicitly and formally

recognize that a recent internal

reorganization of Michigan’s

environmental agencies is consistent

with the minimum requirements of the

State NPDES program regulations. EPA

invites public comment on its approval

of any modification of the State program

that may have resulted from the

reorganization.

DATES: Comments on this document

must be received in writing by April 28,

1997.

ADDRESSES: Written comments on this

document may be submitted to Jo Lynn

Traub, Director, Water Division, Attn:

Michigan NPDES Modification, U.S.

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604. In the alternative, EPA

will accept comments electronically.

Comments should be sent to the

following Internet E-mail address:

chaiken.eugene@epamail.epa.gov.

Electronic comments must be submitted

in an ASCII file avoiding the use of

special characters and any form of

encryption. EPA will print electronic

comments in hard-copy paper form for

the official administrative record. EPA

will attempt to clarify electronic

comments if there is an apparent error

in transmission. Comments provided

electronically will be considered timely

if they are submitted electronically by

11:59 p.m. (Central time) April 28, 1997.

FOR FURTHER INFORMATION CONTACT:

Eugene Chaiken, Chief, NPDES Support

and Technical Assistance Branch at the

EPA address noted above or telephone

at (312) 886–0120.

A copy of the supporting information

for today’s notice is available for review

at: EPA, Region 5, 77 West Jackson

Boulevard, 16th Floor, Chicago, Illinois;

Library of Michigan, Government

Documents Section, 717 West Allegan,

Lansing, Michigan; Olson Library,

Northern Michigan University, Harden

Circle Drive, Marquette, Michigan; and

the Detroit Public Library Main Branch,

Sociology and Economics Department,

5201 Woodward Avenue, Detroit,

Michigan. To arrange for access to the

docket materials in Chicago, call (312)

886–0120 between 8 a.m. and 4:30 p.m.

(Central time)(Monday–Friday); in

Lansing, call (517) 373–9489 between 9

a.m. and 6 p.m. (Eastern time)(Monday–

Saturday), and between 12 p.m. and 4

p.m. (Eastern time)(Sunday); in

Marquette, call (906) 227–2260 for

current library hours; and in Detroit,

call (313) 833–1440 between 9:30 a.m.

and 5:30 p.m. (Eastern time)(Tuesday,

Thursday–Saturday), and between 1

p.m. and 9 p.m. (Eastern

time)(Wednesday).

The supporting information for

today’s notice includes: copies of

Executive Orders 1991–31, 1995–4, and

1995–18 signed by the Governor of

Michigan on November 8, 1991,

February 7, 1995, and July 31, 1995,

respectively; copies of the

correspondence from Michigan to EPA

dated August 9, 1995 and January 19,

1996, regarding the effects of the

Executive Orders on Michigan’s NPDES

program; statements of the Michigan

Attorney General dated August 2, 1995,

and June 13, 1996; an October 24, 1996,

letter from the Director of MDEQ

regarding MDEQ’s compliance with

Clean Water Act conflict of interest

requirements; NPDES program

documents submitted in support of

Michigan’s original (1973) request for

EPA approval; a June 14, 1996, letter

from the Michigan Environmental

Council to EPA regarding Michigan

Public Act 132 of 1996; and EPA’s

preliminary finding of no substantial

revisions and preliminary approval of

any revisions resulting from the

Executive Orders.

SUPPLEMENTARY INFORMATION: On

October 17, 1973, EPA approved the

National Pollutant Discharge

Elimination System (NPDES) permitting

program submitted by the State of

Michigan pursuant to section 402 of the