VOL. 59, No. 72
Rules and Regulations
ENVIRONMENTAL PROTECTION AGENCY (EPA)
40 CFR Parts 52 and 81
Approval of Maintenance Plan and Designation of Areas for Air Quality Planning Purposes; Minnesota
59 FR 17708
DATE: Thursday, April 14, 1994
ACTION: Final rule.
SUMMARY: USEPA is approving 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.
EFFECTIVE DATE: This final rulemaking becomes effective on June 13, 1994.
ADDRESSES: Copies of the requested redesignation, and other materials relating to this rulemaking are available for inspection at the following address: (It is recommended that you telephone William Jones at (312) 886-6058, before visiting the Region 5 Office.) U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Region 5, Chicago, Illinois 60604.
A copy of this redesignation is available for inspection: Air Docket 6102 U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460.
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. Pubic Law No. 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. On November 10, 1993, the State of Minnesota transmitted the results of their public hearing and additional information. On December 22, 1993, the MPCA provided further detail on the schedule for implementing their maintenance plan.
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 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.
Table 1.- Carbon Monoxide Emissions for the City of Duluth Emissions rate Mobile Point Area Total source source source emissions emissions emissions emissions Pounds/winter day 128,342 4,270 85,614 218,226 in 1990 Tons/year in 1990 23,495 388 9,219 33,103 Table 2.- Projected Carbon Monoxide Emissions ( Kg/ 8- Hour Period During the Winter ) for the Years 1990, 1995 and 2005 Intersection 1990 1995 2005 Superior Street and 3rd 192.09 122.00 85.48 Avenue Central entrance and Mesaba 130.65 81.14 55.24 Central entrance and 132.11 83.63 55.24 Arlington Central entrance and Trinity 121.41 76.42 51.23 Road
Public Comment/USEPA Response
No adverse comments were received on the September 24, 1993, notice of proposed rulemaking.
The amended Clean Air Act established a new submittal requirement with respect to various programs. Therefore, USEPA reviewed the State's submittal, to determine whether the State met the applicable requirements of the amended Act.
The redesignation request can now be approved as meeting conditions of the CAA in section 107(d)(3)(E) for redesignation, since the State has submitted a schedule for implementing the contingency plan. The State has also met the terms of the May 26, 1988, SIP call for the Minnesota portion of the Duluth Metropolitan Statistical Area (MSA) consisting of St. Louis County, Minnesota.
The applicable New Source Review (NSR) requirements for moderate CO areas are in section 172(c)(5) of the Act. 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 did not become an applicable requirement until November 15, 1993. Since Minnesota submitted the redesignation request for Duluth prior to November 15, 1993, and the area is now designated attainment, there is no longer a requirement for nonattainment area CO NSR.
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 of redesignation. Further, since the area is now designated attainment for CO, the CO emissions inventory and oxygenated fuels SIPs are no longer required for the Duluth area.
Nothing in this action should be construed as permitting or allowing or establishing a precedent for any future request for revision to any SIP. USEPA 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.
This action makes final the action proposed on September 24, 1993 (58 FR 49956) to approve Minnesota's requested redesignation. USEPA received no public comment on the proposed rule. As a direct result, the Regional Administrator has reclassified this action from Table 1 to a Table 3 under the processing procedures published in the Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, memorandum from Michael H. Shapiro, Assistant Administrator for Air and Radiation. On January 6, 1989, the Office of Management and Budget waived Tables Two and Three SIP revisions (54 FR 222) from the requirements of section 3 of Executive Order 12291 for a period of 2 years. USEPA has submitted a request for a permanent waiver for Table 2 and Table 3 SIP revisions. The OMB has agreed to continue the waiver until such time as it rules on USEPA's request. This request continues in effect under Executive Order 12866 which superseded Executive Order 12291 on September 30, 1993.
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.
SIP approvals under section 110 and subchapter I, part D of the CAA 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 it does not have a significant impact on any small entities affected. Moreover, due to the nature of the Federal-State relationship under the CAA, preparation of a regulatory flexibility analysis would constitute federal inquiry into the economic reasonableness of state action. The CAA forbids USEPA to base its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (1976); 42 U.S.C. 7410(a)(2).
Redesignation of an area to attainment under section 107(d)(3)(E) of the CAA 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. The Administrator certifies that the approval of the redesignation request will not affect a substantial number of small entities.
Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 13, 1994. 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
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations.
40 CFR Part 81
Air pollution control, National parks, Wilderness areas.
Note.-Incorporation by reference of the State Implementation Plan for the State of Minnesota was approved by the Director of the Federal Register on July 1, 1982.
Dated: March 21, 1994.
Valdas V. Adamkus, Regional Administrator.
Part 52, chapter 1, title 40 of the Code of Federal Regulations is amended as follows:
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. Section 52.1220 is amended by adding a new paragraph (c)(31) to read as follows:
@ 52.1220 -- Identification of plan.
* * * * *
(c) * * *
(31) In a letter dated October 30, 1992, the MPCA submitted a revision to the Carbon Monoxide State Implementation Plan for Duluth, Minnesota. This revision contains a maintenance plan that the area will use to maintain the CO NAAQS. The maintenance plan contains park and ride lots and an oxygenated fuels program as the contingency measure.
(i) Incorporation by reference.
(A) Letter dated October 30, 1992, from Charles Williams, Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5 and its enclosures entitled Appendix E.
(ii) Additional information.
(A) Letter dated November 10, 1992, from Charles Williams, Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(B) Letter dated December 22, 1993, from Charles Williams, Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5.
PART 81-DESIGNATION OF AREAS FOR AIR QUALITY PURPOSES
1. The authority citation of part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
2. In @ 81.324, the Carbon Monoxide table is amended by revising the entry the "City of Duluth" to read as follows:
@ 81.324 -- Minnesota.
* * * * *
Minnesota-Carbon Monoxide Designated Designation Classification area Date fn 1 Type Date fn 1 Type * * * * * * * Duluth area St. Louis [Insert Attainment County (part) date: 60 City of days from Duluth publication] * * * * * * *
fn 1 This date is November 15, 1990, unless otherwise noted.
[FR Doc. 94-8814 Filed 4-13-94; 8:45 am]
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