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VOL. 58, No. 184
Proposed Rules


40 CFR Parts 52 and 81
[MN19-1-5831; FRL-4733-6]

Approval of Maintenance Plan and Designation of Areas for Air Quality Planning Purposes; Minnesota

58 FR 49956

DATE: Friday, September 24, 1993
ACTION: Proposed rule.

SUMMARY: USEPA is proposing to approve a redesignation request and maintenance plan for the City of Duluth as a revision to Minnesota's State Implementation Plan (SIP) for carbon monoxide.

The revision is based on a request from the State of Minnesota to redesignate this area, and approve its maintenance plan, and on the supporting data the State submitted. Under the Clean Air Act, designations can be changed if sufficient data are available to warrant such change.

DATES: Comments on this requested redesignation, SIP revision, and on the proposed USEPA action must be received by October 25, 1993.

ADDRESSES: Written comments should be addressed to:

William L. MacDowell, Chief, Regulation Development Section, Air Enforcement Branch (AE-17J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.

U.S. Environmental Protection Agency, Region 5, Air and Radiation Divis, 77 West Jackson Boulevard, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: William Jones, Regulation Development Section, Air Enforcement Branch (AE-17J), U.S. Environmental Protection Agency, Region 5, Chicago, Illinois 60604, (312) 886-6058.

SUPPLEMENTARY INFORMATION: Under section 107(d) of the pre-amended Clean Air Act (CAA), the United States Environmental Protection Agency (USEPA) promulgated the carbon monoxide (CO) attainment status for each area of every State. For Minnesota the Duluth area was designated nonattainment for CO, see 43 FR 8962 (March 3, 1978), and 43 FR 45993 (October 5, 1978). The Duluth area was redesignated to attainment for CO, see 51 FR 45319 (December 18, 1986), and 52 FR 6548 (March 4, 1987). On November 15, 1990, the Clean Air Act Amendments (CAAA) of 1990 were enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. Pursuant to section 107(d)(4)(A), the City of Duluth was designated nonattainment for CO as a result of monitored violations of the CO National Ambient Air Quality Standards (NAAQS) during the 1988-1989 time period (see 56 FR 56694, November 6, 1991). The City of Duluth was classified as a low moderate CO nonattainment area based on a design value below 12.7 ppm. On October 30, 1992, the Minnesota Pollution Control Agency (MPCA) submitted a maintenance plan and a request for the redesignation of the City of Duluth, Minnesota to attainment of the NAAQS for CO. The redesignation request was accompanied by a report containing information supporting the redesignation request.

USEPA has provided guidance on processing redesignation requests in a September 4, 1992, memorandum from John Calcagni, Director, Air Quality Management Division, Subject: Procedures for Processing Requests to Redesignate Areas to Attainment (Redesignation Memorandum). This guidance memorandum was used in the evaluation of the submittal. The State of Minnesota has met all of the CAA requirements for redesignation pursuant to section 107(d)(3)(E).

The requirements of section 107(d)(3)(E) are set forth in the following sections.

Section 107(d)(3)(E)(i). The Administrator determines that the area has attained the National Ambient Air Quality Standard.

The State submitted air quality data for 1990-1991 to support the redesignation request. Air quality data for 1992 continues to show attainment. Consistent with the requirements of 40 CFR 50.8, the most recent two years of carbon monoxide air quality monitoring data, 1991 and 1992, for the City of Duluth show that the City is currently meeting this requirement.

Section 107(d)(3)(E) (ii) and (v). The Administrator has fully approved the applicable implementation plan for the area under section 110(k) and the State containing such area has met all requirements applicable to the area under section 110 and part D.

USEPA has interpreted section 107(d)(3)(E) (ii) and (v) to mean that for purposes of redesignation a State must have a fully approved SIP that meets all of the requirements of section 110 and part D that became due on or before the date of submittal of a complete redesignation request.

The CO SIP for the area was approved in 1980 (45 FR 40579). The part D New Source Review (NSR) SIP for the State of Minnesota has not been approved.

Under the CAAA, the oxygenated fuels program and the emission inventory SIP were due on November 15, 1992, and the part D New Source Review (NSR) SIP for carbon monoxide is not due until November 15, 1993. Pursuant to a September 4, 1992, USEPA memorandum from John Calcagni, Director, Air Quality Management Division, the applicable requirements that an area must satisfy before it can be redesignated are the requirements that were due before the request was submitted. Since the request was submitted before the CO NSR SIP, oxygenated fuels SIP, and emission inventory SIP were due, these SIPs are not "applicable", and do not have to be approved before the redesignation request can be approved.

With respect to NSR, the applicable requirement for moderate CO areas is section 172(c)(5). Section 172(b) establishes a date no later than November 15, 1993, for submittal of the section 172(c) requirements. Since USEPA has not established an earlier date for submittal, the NSR requirement does not become an applicable requirement until November 15, 1993. Since Minnesota submitted the redesignation request for the City of Duluth prior to November 15, 1993, the State need not submit NSR for purposes of USEPA's review of its redesignation request.

The amended Act also specifies new requirements-i.e., requirements not established under the pre-amended Act-for CO nonattainment areas. These include an oxygenated fuels program and an emissions inventory. These requirements were due on November 15, 1992. Since Minnesota submitted the redesignation request prior to November 15, 1992, the State was not required to submit these plan elements for purposes or redesignation. However, the State did submit an oxygenated fuels SIP on November 10, 1992. In addition, the State was required to submit an emissions inventory as part of its maintenance plan; USEPA is reviewing that submittal for approval in conjunction with the maintenance plan.

Once the area is redesignated to attainment, the Prevention of Significant Deterioration (PSD) program, which has been delegated to Minnesota, will become effective immediately. The PSD program was delegated under 40 CFR 52.21(u) in full to Minnesota on September 20, 1977, as amended on March 26, 1979, October 15, 1980, and November 3, 1988 (see 40 CFR 52.1234).

Finally, the State has committed to follow USEPA's conformity regulation upon issuance, as applicable. Therefore, the USEPA believes that the State has met all applicable requirements of section 110 and Part D of the Act for purposes of redesignation. Therefore, USEPA believes that the City of Duluth will have a fully approved SIP under section 110(k).

Section 107(d)(3)(iii). The Administrator determines that the improvement in air quality is due to permanent and enforceable reductions in emissions resulting from implementation of the applicable implementation plan and applicable Federal air pollutant control regulations and other permanent and enforceable reductions.

The submittal states that the reductions are due to a permanent freeway (I-35), and the Federal Motor Vehicle Control Program. The submittal also states that the freeway provided reductions by the rerouting of traffic. The last segment of the freeway was scheduled to be opened in October 1992. The portion of the freeway that was open in 1990-1993 provided reductions that helped to attain the NAAQS. There were no new adopted State rules or measures. The submittal provides that a 36.5 to 37.9 percent reduction in emissions and concentrations are expected to occur from 1990 to 1995 at four intersections. These intersections include Superior Street and 3rd Avenue, Central Entrance and Arlington, Central Entrance and Trinity Road and Central Entrance and Mesaba. A large percentage of the reduction will have occurred from 1990 to 1993. Therefore, USEPA believes that the improvement in air quality is due to permanent and enforceable reductions in emissions.

Section 107(d)(3)(E)(iv). The Administrator has fully approved a maintenance plan for the area as meeting the requirements of Section 175A.

The State addresses the attainment inventory, maintenance demonstration, continued monitoring, tracking plans progress, and the contingency plan. The State has included a copy of the base year 1990 emissions inventory as the attainment inventory. The attainment emissions inventory contained point, area, and mobile source carbon monoxide emissions in tons per year and for a typical winter day in Duluth. The mobile source CO emission inventory for 1990 was estimated as 23,495 tons/year and 128,342 lbs/winter day. The point source CO emission inventory for 1990 was estimated as 388 tons/year and 4,270 lbs/winter day and the area source CO emission inventory for 1990 was estimated as 9,219 tons/year and 85,614 lbs/winter day. The total 1990 CO emission inventory for the City of Duluth was estimated as 33,103 tons/year and 218,226 lbs/winter day. The State used USEPA guidance in preparation of the emissions inventory. A copy of this inventory is available for review at the Region 5 office listed previously.

The maintenance plan provides concentrations and emissions estimates for 1990, 1995, and 2005. These concentration and emissions estimates were made using USEPA recommendations for 4 high volume intersections in the area. These intersections include Superior Street and 3rd Avenue, Central Entrance and Arlington, Central Entrance and Trinity Road and Central Entrance and Mesaba. The emissions estimates are based on permanent and enforceable measures. Future emission levels and concentrations are not expected to increase through the year 2005. Table 1 lists the projected carbon monoxide emissions for the years 1990, 1995 and 2005. The projected concentrations are well below the CO NAAQS. Therefore, the results show that the area should maintain the air quality standard for at least 10 years into the future.

Table 1.- Projected Carbon Monoxide Emissions for the Years 1990, 1995 and 2005 

[kg/8-hour period during the winter] 

Intersection                1990         1995         2005 

Superior St. and 3rd Ave    192.09       122.00       85.48 
Central Entrance and Mesaba 130.65       81.14        55.24 
Central Entrance and        132.11       83.63        55.24 
Central Entrance and        121.41       76.42        51.23 
Trinity Road 

The State will track the maintenance plan's progress by reviewing reports such as a regional economic data report, corridor studies, and a socioeconomic-transportation trends report. The State also commits to continuing the operation of the monitor as long as required by USEPA, and to re-examine the monitoring if the traffic patterns change significantly to verify attainment. The only monitor in the area is located at 314 West Superior Street. A list of data that it will check to track the status of maintenance.

The State commits to park and ride lots as a contingency measure. This measure will be triggered when there is a verified quality assured violation of the CO NAAQS. The measure will be implemented on the date that USEPA agrees on with the MPCA as a practical starting date for the program. It has also committed to oxygenated fuels as an additional contingency measure if the park and ride lots are not implemented or are not successful in solving the problem. USEPA believes that if the State provides a schedule for adopting the contingency measures, by the end of the comment period, then the maintenance plan requirements have been met.

Proposed Rulemaking Action

It is proposed that the CO redesignation request and maintenance plan for the Duluth area be approved as meeting the requirements of the Act.

It is also recommended that the State will have met the May 26, 1988, SIP call requirements for Duluth, when the area is redesignated to attainment. The State has adequately responded to the SIP call under section 110(a)(2)(H) of the CAA, which was issued by USEPA to Minnesota on May 26, 1988, concerning the Minnesota portion of the Duluth Metropolitan Statistical Area (MSA) consisting of St. Louis County, Minnesota. In the General Preamble (57 FR 13564-13565) the requirements for satisfying SIP calls are discussed. The requirements for SIP calls were divided into two phases. In order for CO areas to meet phase I, a Post-1987 emission inventory must be developed. The State submitted a 1987 base year CO emission inventory on February 21, 1991, in response to this requirement. Included in their redesignation request is a revised version of this emission inventory for 1990. The State also submitted this inventory separately on November 9, 1992, in order to satisfy the CAA requirements for a CO emissions inventory. n1 For phase II the area had to meet the applicable requirements of the Clean Air Act Amendments. Since the applicable requirements of part D, which includes section 187, are proposed as being satisfied, then phase II of the SIP call is also proposed as being satisfied. These requirements should be proposed as being satisfied because the redesignation request was submitted before the requirements became due.

n1 Although the State was not required to submit an inventory under section 182(a)(1) for purposes of redesignation, the State elected to submit such an inventory to independently meet this requirement.

Public comment is solicited on USEPA's proposed rulemaking action. Comments received by October 25, 1993 will be considered in the development of USEPA's final rulemaking action.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 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, USEPA 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.

Redesignation of an area to attainment under section 107(d)(3)(E) of the CAAA does not impose any new requirements on small entities. Redesignation is an action that affects the status of a geographical area and does not impose any regulatory requirements on sources. I certify that the approval of the redesignation request will not affect a substantial number of small entities.

The Office of Management and Budget has exempted this rule from the requirements of section 3 of Executive Order 12291.

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

Air pollution control, National parks, Wilderness areas.

Authority: 42 U.S.C. 7401-7671q.

Dated: September 3, 1993.

David A. Ullrich, Acting Regional Administrator.

[FR Doc. 93-23200 Filed 9-23-93; 8:45 am]