[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Rules and Regulations]
[Pages 19674-19676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10507]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MN48-01-7268a; FRL-5699-1]
Approval and Promulgation of Implementation Plans; Minnesota
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: This action approves a State Implementation Plan (SIP)
revision for the State of Minnesota which was submitted pursuant to the
Environmental Protection Agency (EPA) general conformity rules set
forth at 40 CFR part 51, subpart W--Determining Conformity of General
Federal Actions to State or Federal Implementation Plans. Section
51.851(a) of the general conformity rules requires each State to submit
to EPA a revision to its applicable SIP which contains criteria and
procedures for assessing conformity of Federal actions to applicable
SIPs. The general conformity rules, except for the 40 CFR 51.851(a)
language requiring State submission of a SIP revision, are repeated at
40 CFR part 93, subpart B. Minnesota's SIP revision incorporates
verbatim the criteria and procedures set forth at 40 CFR part 51,
subpart W. This general conformity SIP revision will enable the State
of Minnesota to implement and enforce the Federal general conformity
requirements in the nonattainment and maintenance areas at the State
and local level conformity SIP revision submitted pursuant to 40 CFR
part 51, subpart W. SIP revisions submitted under 40 CFR part 51,
subpart T, relating to conformity of Federal transportation actions
funded or approved under Title 23 U.S.C. or the Federal Transit Act,
will be addressed in a separate notice. This action provides the
rationale for the proposed approval and other information.
DATES: This ``direct final'' rule will be effective June 23, 1997
unless EPA receives adverse or critical comments by May 23, 1997. If
the effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the SIP revision, public comments and EPA's
responses are available for inspection at the following address: United
States Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (It is
recommended that you telephone Michael Leslie at (312) 353-6680 before
visiting the Region 5 Office.)
A copy of this SIP revision is available for inspection at the
following location: Office of Air and Radiation (OAR) Docket and
Information Center (Air Docket 6102), room M1500, United States
Environmental Protection Agency, 401 M Street S.W., Washington, D.C.
20460, (202) 260-7548.
FOR FURTHER INFORMATION CONTACT: Michael G. Leslie, Regulation
Development Section (AR-18J), Air Programs Branch, Air and Radiation
Division, United States Environmental Protection Agency, Region 5, 77
West Jackson Boulevard, Chicago, Illinois 60604, Telephone Number (312)
353-6680.
SUPPLEMENTARY INFORMATION:
I. Background
Section 176(c) of the Clean Air Act (Act), 42 U.S.C. 7506(c),
provides that no Federal department, agency, or instrumentality shall
engage in, support in any way or provide financial assistance for,
license or permit, or approve any activity which does not conform to a
SIP that has been approved or promulgated pursuant to the Act.
Conformity is defined in section 176(c) of the Act as conformity to the
SIP's purpose of eliminating or reducing the severity and number of
violations of the National Ambient Air Quality Standards (NAAQS) and
achieving expeditious attainment of such standards, and that such
activities will not: (1) cause or contribute to any new violation of
any standard in any area, (2) increase the frequency or severity of any
existing violation of any standard in any area, or (3) delay timely
attainment of any standard or any required interim emission reductions
or other milestones in any area.
Section 176(c)(4)(A) of the Act requires EPA to promulgate criteria
and procedures for determining conformity of all Federal actions to
applicable SIPs. Criteria and procedures for determining conformity of
Federal actions related to transportation projects funded or approved
under Title 23 U.S.C. or the Federal Transit Act are set forth at 40
CFR part 51, subpart T. The criteria and procedures for determining
conformity of other Federal actions, the ``general conformity'' rules,
were published in the November 30, 1993, Federal Register and codified
at 40 CFR part 51, subpart W--Determining Conformity of General Federal
Actions to State or Federal Implementation Plans.
II. Evaluation of the State's Submittal
Pursuant to the requirements under section 176(c)(4)(C) of the Act
the Minnesota Pollution Control Agency (MPCA) submitted its general
conformity SIP revision to the EPA on December 15, 1995. In its
submittal, the State provided Minnesota rules Part 7009.9000 which
incorporated the Federal general conformity by reference (40 CFR part
51, subpart W). For the time period between the original submittal and
the supplemental submittal, the State of Minnesota was required to
comply with 40 CFR part 93, subpart B.
General conformity is required for all areas which are designated
nonattainment or maintenance for any NAAQS criteria pollutant. The
State of Minnesota currently has eight counties designated moderate
carbon monoxide
[[Page 19675]]
nonattainment: Anoka, Carver--Partial County (PC), Dakota (PC),
Hennepin, Ramsey, Scott (PC), Washington (PC), Wright (PC). Four
counties are CO maintenance areas: St. Louis (PC) (city of Duluth),
Benton, Sherburne, and Stearns. Two particulate matter areas are
currently subject to the general conformity rule: Ramsey County
nonattainment area, and Olmsted County maintenance area. Three counties
are designated Sulfur Dioxide nonattainment: Dakota (PC), Olmsted (city
of Rochester), and Washington (PC).
The MPCA gave public notice and opportunity comment on the general
conformity submittal on May 8, 1995. The public comment period closed
on June 7, 1995, and no comments were received on this rule.
III. EPA Criteria on Submittal
The State's SIP revision must contain criteria and procedures that
are no less stringent than the Federal rule. The revision incorporated
the provisions of the Federal general conformity rule, Subpart W:
Secs. 51.850, 51.852, 51.853, 51.854, 51.855, 51.856, 51.857, 51.858,
51.859, and 51.860. These sections represent the Federal rule in total,
therefore the Minnesota rules Part 7009.9000.
IV. EPA Action
The EPA is approving the general conformity SIP revision for the
State of Minnesota. The EPA has evaluated this SIP revision and has
determined that the State has fully adopted the provisions of the
Federal general conformity rules set forth at 40 CFR part 51, subpart
W. The appropriate public participation and comprehensive interagency
consultations have been undertaken during development and adoption of
this SIP revision. Because EPA considers this action to be
noncontroversial and routine, EPA is approving it without prior
proposal. This action will become effective on June 23, 1997. However,
if EPA receives adverse comments by May 23, 1997, EPA will publish a
document that withdraws this action.
V. Miscellaneous
A. Executive Order 12866
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.
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.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air 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, the
Administrator certifies 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 Act, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of State action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
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
the 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.
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 approves pre-
existing requirements under State or local law, and 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 5 U.S.C. 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 the
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
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 23, 1997. 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, General
conformity, Hydrocarbons, Incorporation by reference, Intergovernmental
relations, Ozone, Sulfur dioxide, Volatile organic compounds.
Dated: February 12, 1997.
David A. Ullich,
Acting Regional Administrator.
40 CFR part 52, is amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart Y--Minnesota
2. Section 52.1220 is amended by adding paragraph (c)(45) to read
as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(c) * * *
(45) On December 15, 1995, the Minnesota Pollution Control Agency
submitted a revision to the State
[[Page 19676]]
Implementation Plan for the general conformity rules. The general
conformity SIP revisions enable the State of Minnesota to implement and
enforce the Federal general conformity requirements in the
nonattainment or maintenance areas at the State or local level in
accordance with 40 CFR part 93, subpart B--Determining Conformity of
General Federal Actions to State or Federal Implementation Plans.
(i) Incorporation by reference.
(A) Minnesota rules Part 7009.9000, as created and published in the
(Minnesota) Register, November 13, 1995, number 477, effective November
20, 1995.
[FR Doc. 97-10507 Filed 4-22-97; 8:45 am]
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