[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Rules and Regulations]
[Pages 55170-55172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28138]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52
[MN54-01-7279a; FRL-5913-3]
Approval and Promulgation of Implementation Plan: Minnesota
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The United States Environmental Protection Agency (EPA)
approves Minnesota's 1993 periodic carbon monoxide (CO) emission
inventory. The inventory was submitted by the State of Minnesota to
satisfy a Federal requirement that those States containing CO
nonattainment areas (NAA's) classified moderate and serious submit a
revised emission inventory (i.e., from the 1990 base year inventory) at
the end of each 3 year period thereafter, until the area is
redesignated to attainment. It is an inventory of actual CO season
emissions from all sources, in accordance with EPA guidance.
The geographic area covered in the 1993 periodic CO emission
inventory includes counties of the Twin Cities seven county
metropolitan area (Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington), and Wright County. The rationale for this approval is set
forth in this final rule; additional information is available at the
address indicated below in the supporting Technical Support Document
(TSD). Elsewhere in this Federal Register, EPA is proposing approval
and soliciting comment on this action; if adverse comments are
received, EPA will withdraw the direct final rulemaking and address the
comments received in a new final rule; otherwise no further rulemaking
will occur on this action.
DATES: This final rule will be effective Decmeber 22, 1997 unless
substantive adverse comments not previously addressed by the State or
USEPA are received by Novmeber 24, 1997. If the effective date is
delayed, timely notice will be published in the Federal Register.
ADDRESSES: Written comments may be mailed to Carlton T. Nash, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), United
States Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois, 60604. Copies of the material submitted
by the Minnesota Pollution Control Agency may be examined during normal
business hours at the same location.
FOR FURTHER INFORMATION CONTACT: Charles Hatten at (312) 886-6031.
SUPPLEMENTARY INFORMATION:
Background
Under the Clean Air Act as amended (including the 1990
Amendments)(the Act), States have the responsibility to inventory
emissions contributing to the National Ambient Air Quality Standards
nonattainment, to track these emissions over time, and to ensure that
control strategies are being implemented that reduce emissions and move
areas towards attainment. The Act required States with moderate and
serious CO nonattainment areas to initially submit a base year CO
inventory that represented actual emissions during the peak CO season
by November 15, 1992. This base year inventory was for calendar year
1990. Moderate and serious CO nonattainment areas were also required to
submit a revised emissions inventory periodically. The submittal of the
first periodic emissions inventory is required no later than September
30, 1995, and every 3 years thereafter until the area is redesignated
to attainment. The 1990 base year inventory is the primary inventory
from which the periodic inventories are derived. Further information on
these inventories and their purpose can be found in the document
``Emission Inventory Requirements for Carbon Monoxide State
Implementation Plans,'' U.S. Environmental Protection Agency, Office of
Air Quality Planning and Standards, Research Triangle Park, NC, March
1991.
The air quality planning requirements for CO nonattainment areas
are set out in section 187 of Title I of Clean Air Act (the Act). Under
section 187(a)(5) of the Act, for those States containing areas
designated nonattainment for CO, and classified moderate or serious, a
revised emission inventory (i.e., from the 1990 base year inventory)
must be submitted at the end of each 3 year period thereafter, until
the area is redesignated to attainment. The State's submittal must
include a comprehensive, accurate, and current inventory of actual CO
season emissions from all sources. Stationary point, area, and on-road
and off-road mobile sources are to be included in the inventory. This
first periodic inventory is for calendar year 1993. The periodic
inventory is to address actual CO emissions for the area during the
peak CO season. The peak CO season should reflect the months when peaks
CO air quality concentrations occur. For many, but not all areas of the
country, the peak CO season will be in the winter-time months. For
areas where winter is the peak CO season, the 1993 periodic inventory
will include the winter months that begin in 1992 and extend into 1993
(e.g., December 1992 through January-February 1993). Available guidance
for preparing emission inventories is provided in the General Preamble
(57 FR 13498, April 16, 1992).
Emission inventories are first reviewed under the completeness
criteria established under section 110(k)(C) of the Act (56 FR 42216,
August 26, 1991). According to section 110(k)(1)(C) if a submittal does
not meet the completeness criteria, ``the State shall be treated as not
having made the submission.'' Under section 179(a)(1) and 110(c)(1), a
finding by EPA that a submittal is incomplete is one of the actions
that initiates the sanctions and Federal Implementation Plan.
Review of State 1993 CO Periodic Emission Inventory (PEI)
I. Procedural Background
The approach to developing the 1993 PEI should be to require a
rigorous
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inventory, similar to that for the 1990 base year emission inventory,
that would be suitable for regulatory purposes; i.e., milestone
compliance demonstration or maintenance plan tracking. However, if EPA
determines that the 1993 PEI will not be used to support a regulatory
purpose, a less rigorous approach may be appropriate.1 After
a preliminary review of the May 25, 1995, draft submittal of the 1993
PEI, EPA notified the State of Minnesota Pollution Control Agency
(MPCA) in a letter with its determination that the inventory was being
prepared in accordance with EPA guidance, and recommended that the MPCA
complete the quality assurance checks on the draft inventory. EPA also
recognized at this time a less rigorous approach to developing the 1993
CO PEI would satisfy the requirements of section 187(a)(5) of the Act,
since it would not have any impact for regulatory purposes.
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\1\ Reference the September 30, 1994, memorandum from David
Mobley, ``1993 Periodic Emission Inventory Guidance,'' it presented
suggestions on the guidance preparation of the 1993 periodic
emission inventory and reporting requirements.
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The final 1993 CO PEI was submitted on September 28, 1995, from the
MPCA to EPA. The EPA reviewed the inventory and is satisfied that all
Agency guidance requirements have been met.
The 1993 CO PEI inventory contained summary tables for stationary
point and area sources, and mobile source (both on-road and nonroad) CO
emissions in tons per year and pounds per winter day. A detailed
breakdown of these source categories, for the Twin Cities seven county
metropolitan area (Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington), by county, and Wright County is given in summary tables
1.4.1, 1.4.2, 1.4.3, and 1.4.4. Summary tables 1.4.5, 1.4.6, 1.4.7, and
1.4.8 for the 1993 PEI provide CO emissions in the Twin Cities seven
county metropolitan area, by county and Wright County; seven and eight
county totals as a percent of total CO emissions in tons per year and
pounds per winter day, by major source category.
The plan submittal also included a comparison of the 1993 PEI and
the 1990 base year inventory for stationary point and area sources, and
mobile source (both on-road and nonroad) CO emissions in tons per year
and pounds per winter day. A detailed breakdown of these source
categories, for the Twin Cities seven county metropolitan area (Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington), by county,
and Wright County is given in summary tables 1.4.9, 1.4.10, 1.4.11, and
1.4.12. Summary tables 1.4.13, 1.4.14, 1.4.15, and 1.4.16 provide a
comparison of the 1993 PEI and the 1990 base year inventory CO in the
Twin Cities seven county metropolitan area, by county and Wright
county; seven and eight county totals emissions as a percent of total
CO emissions in tons per year and pounds per winter day, by major
source category are also provided.
The CO nonattainment boundaries for these areas are described in 56
FR 56694 (November 6, 1991), and classified as moderate. The geographic
area covered is classified as a moderate CO nonattainment area because
the area has a design value of 11.40 parts per million.
II. Final Rulemaking Action
EPA is approving the Minnesota's 1993 CO periodic emission
inventory as meeting the requirements of section 187(a)(5) of the Act
as a revision to the CO state implementation plan for all areas
designated as nonattainment, classified moderate and serious. These
areas included the counties of the Twin Cities seven county
metropolitan area (Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington), and Wright County.
Because EPA considers this action noncontroversial and routine, we
are approving it without prior proposal. However, in a separate
document in this Federal Register publication, EPA is proposing to
approve this part 52 action should adverse or critical comments be
filed. This action will be effective December 22, 1997 unless, by
November 24, 1997 adverse or critical comments are received.
If EPA receives such comments, this action will be withdrawn before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on this action serving as a
proposed rule. EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective on December 22, 1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state implementation plan. Each request for revision to
the state implementation plan shall be considered separately in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
III. Administrative Requirements
A. Executive Order (E.O.) 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrators 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 D. 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.
Extension of an area's attainment date under the Act does not
impose any new requirements on small entities. Extension of an
attainment date is an action that affects a geographical area and does
not impose any regulatory requirements on sources. EPA certifies that
the approval of the attainment date extension will not affect a
substantial number of small entities.
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 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
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to either State, local, or tribal governments in the aggregate, or to
the private sector. This Federal action 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 section 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 this
Federal Register. This rule is not a ``major rule'' as defined by
section 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 22, 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Reporting and record-keeping requirements.
Dated: October 9, 1997.
David A. Ullrich,
Acting Regional Administrator.
Parts 52 of chapter I, title 40 of the Code of Federal Regulations
are 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 52.1237 is amended by adding paragraph (b) to read as
follows:
Sec. 52.1237 Control strategy: Carbon monoxide.
* * * * *
(b) Approval--The 1993 carbon monoxide periodic emission inventory
requirement of section 187(a)(5) of the Clean Air Act, as amended in
1990, has been satisfied for the following areas: the counties of the
Twin cities seven county Metropolitan area (Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington), and Wright.
[FR Doc. 97-28138 Filed 10-22-97; 8:45 am]
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