[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Proposed Rules]
[Pages 14843-14844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7818]


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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.

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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

[[Page 14844]]

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]
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