[Federal Register Volume 62, Number 92 (Tuesday, May 13, 1997)]
[Rules and Regulations]
[Pages 26230-26235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[MN41-01-7266a; FRL-5820-8]
Designation of Areas for Air Quality Planning Purposes; Minnesota
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: In this action, the Environmental Protection Agency (EPA) is
approving the St. Paul Park Area redesignation request submitted by the
State of Minnesota on October 31, 1995. Minnesota requested that
portions of Dakota and Washington Counties (the areas surrounding the
Ashland Petroleum Company) be redesignated to attainment for the
National Ambient Air Quality Standard (NAAQS) for sulfur dioxide (SO2).
All future references to the areas surrounding the Ashland Petroleum
Company will be made using St. Paul Park. Subsequent to this approval,
Dakota and Washington Counties are each designated attainment in their
entirety.
DATES: This ``Direct final''is effective July 14, 1997 unless EPA
receives adverse or critical comments by June 13, 1997. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Copies of the revision request are available for inspection
at the following address: Environmental Protection Agency, Region 5,
Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. (It is recommended that you telephone Todd Nettesheim
at (312) 353-9153 before visiting the Region 5 Office.)
Written comments should be addressed to: Carlton Nash, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), United
States Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Todd Nettesheim, Air Programs Branch,
Regulation Development Section (AR-18J), United States Environmental
Protection Agency, Region 5, 77 W. Jackson Boulevard, Chicago, Illinois
60604, (312) 353-9153.
SUPPLEMENTARY INFORMATION:
I. Background
The NAAQS for SO2 consist of two standards: a primary standard for
the protection of public health and a secondary standard for the
protection of public welfare. The primary SO2 standard consists of a
24-hour maximum of 0.14 particles per million (ppm) and an annual
arithmetic mean ambient SO2 concentration of 0.030 ppm. The secondary
standard consists of a 3-hour maximum ambient SO2 concentration of 0.5
ppm. (40 CFR 50.2-50.5)
Monitored violations of the primary SO2 NAAQS from 1975 through
1977 led the Minnesota Pollution Control Agency (MPCA) to recommend EPA
to designate Air Quality Control Region (AQCR) 131 as nonattainment for
the SO2 NAAQS. The AQCR 131 includes Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington Counties in the State of Minnesota. On
March 3, 1978, EPA published the designation of AQCR 131 as a primary
nonattainment area for SO2 based on these initial exceedences (43 FR
8962).
[[Page 26231]]
During 1980, the MPCA submitted an SO2 State Implementation Plan (SIP)
revision which the EPA approved in 1981. In 1983, the MPCA requested
redesignation to attainment for all of AQCR 131 except for an area
surrounding the emission sources in the Pine Bend Area of Dakota
County. The redesignation request was made this way because all of AQCR
131, except the Pine Bend Area, demonstrated monitored attainment of
the SO2 NAAQS for 2 years following EPA approval of the AQCR 131 SO2
SIP. EPA delayed action while they reassessed their nonattainment
policy.
During 1986 and 1987, the MPCA submitted SO2 SIP revisions for the
St. Paul Park Area, the Pine Bend Area, and the rest of AQCR 131. From
1988 through early 1990, the MPCA and EPA focused on resolving issues
in the Pine Bend Area. EPA suspended actions on SO2 SIPs during 1990
pending the passage of the Clean Air Act (Act) Amendments of 1990.
On December 22, 1992, Minnesota submitted an SO2 SIP revision for
the St. Paul Park Area. EPA required changes to the SIP before it could
be approved. Minnesota submitted the required changes on September 30,
1994. EPA approved the St. Paul Park SO2 SIP on January 18, 1995 (60 FR
3544).
II. Evaluation Criteria
Title I, section 107(d)(3)(D) of the Act, as amended in 1990,
authorizes the Governor of a State to request the redesignation of any
area within the State from nonattainment to attainment. The criteria
used to review redesignation requests are derived from the Act. An area
can be redesignated to attainment if all of the following conditions
are met:
(1) EPA has determined that the NAAQS have been attained;
(2) The applicable implementation plan has been fully approved by
EPA under section 110(k) of the Act;
(3) EPA has determined that the improvement in air quality is due
to permanent and enforceable reductions;
(4) The State has met all applicable requirements for the area
under section 110 and Part D of the Act; and
(5) EPA has fully approved a maintenance plan, including a
contingency plan, for the area under section 175A of the Act.
III. Summary of State Submittal
The following paragraphs discuss how the State's redesignation
request for the St. Paul Park Area address the Act's requirements.
A. Demonstrated Attainment of the NAAQS
As explained in the April 21, 1983, memorandum ``Section 107
Designation Policy Summary'' from the Director of the Office of Air
Quality Planning and Standards (OAQPS), eight consecutive quarters of
data showing SO2 NAAQS attainment are required for redesignation. A
violation of the SO2 NAAQS occurs when more than one exceedence of the
SO2 NAAQS is recorded in any year (40 CFR 50.4). Minnesota's October
31, 1995, submittal includes ambient monitoring data showing that the
St. Paul Park Area has met the SO2 NAAQS from 1989 to 1994, which is
more than enough time of clean air to promulgate a redesignation to
attainment. Additionally, preliminary monitoring data for the period of
1995 to 1996 indicate that the SO2 NAAQS are still being met. The
highest monitored SO2 values during this time have been well below the
SO2 standards. The initial exceedences of the SO2 NAAQS in the St. Paul
Park Area occurred between 1976 and 1978; while, the only other
possible exceedences in this area occurred in 1987 and 1988. In both
1987 and 1988, the 75 percent sampling criteria for SO2 was not met at
the monitor located by the City Garage near Seventh Avenue and Fifth
Street. A monitor in the St. Paul Park Area was then established across
the street at 649 Fifth Street on February 28, 1989. There have been no
exceedences of the SO2 NAAQS at this monitor, and no additional SO2
exceedences have been recorded in the Aerometric Information and
Retrieval System database through June 1996.
Dispersion modeling is also required to demonstrate attainment of
the SO2 NAAQS. A September 4, 1992, EPA policy memorandum titled
``Procedures for Processing Requests to Redesignate Areas to
Attainment'' (the Calcagni memo) explains that additional dispersion
modeling is not required in support of an SO2 redesignation request if
an adequate modeled attainment demonstration was submitted and approved
as part of the fully implemented SIP, and no indication of an existing
air quality deficiency exists. This required modeling data was
submitted to EPA with SIP revisions on December 22, 1992. The modeled
demonstration evaluates the SO2 source's impact and provides the areas
of expected high concentration of SO2 based on current meteorological
conditions at the Ashland Petroleum Company. The modeling data
demonstrate modeled attainment of the SO2 NAAQS in the St. Paul Park
Area with all control measures in operation.
B. Fully Approved SIP
The SIP for the area must be fully approved under section 110(k) of
the Act and must satisfy all requirements that apply to the area. EPA's
guidance for implementing section 110 of the Act is discussed in the
General Preamble to Title I (57 FR 13498, April 16, 1992). The SO2 SIP
for the St. Paul Park Area met the requirements of section 110 of the
Act and was approved by EPA on January 18, 1995 (60 FR 3544).
C. Permanent and Enforceable Reductions in Emissions
The St. Paul Park Area attainment of the SO2 standards can be
attributed to the permanent and enforceable control measures
implemented at the Ashland Petroleum Company. SO2 emission limits and
operating restrictions are imposed on the Ashland Petroleum Company by
means of a non-expiring Administrative Order. This Order was submitted
to EPA in the 1992 SIP submittal and was approved on January 18, 1995,
which rendered the Order enforceable. The regulations are permanent and
any future revisions to the rules must be submitted to and approved by
EPA.
The Calcagni memo says that States should estimate the percent
reductions from the year that determined the design value in SO2
emissions. The original SO2 violations that resulted in AQCR 131 (which
includes the St. Paul Park Area) being designated nonattainment
occurred between 1975 and 1977. However, it would be unrealistic to go
back approximately 20 years to compare SO2 reductions. In addition,
reliable data from the mid-1970's is not readily available. Therefore,
improvements in air quality were measured based on reductions in SO2
emissions since the June 30, 1987, SIP submittal for the St. Paul Park
Area.
The June 30, 1987, SIP submittal included a permit for the Ashland
Petroleum Company, while the 1992 SIP submittal included the
Administrative Order. The following table illustrates the reductions
made as a result of the 1992 SIP submittal.
[[Page 26232]]
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Administrative order
Type of equipment Permit limit limit Percent SO2 reduction
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SRU/SCOT............................ 500 lb/hr.............. 15 lb/hr............... 97%.
FCC................................. 800 lb/hr.............. 793.65 lb/hr........... Negligible.
All oil-fired sources............... 1.6 lb/MMBtu........... 0.9 lb/MMBtu........... 44%.
All gas-fired sources............... 0.0234 lb/MMBtu........ Same................... None.
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SO2 emissions from the Ashland Petroleum Company were modeled with
all these post-Administrative Order control measures in place. The
resulting data showed modeled attainment of the SO2 NAAQS. The
Administrative Order has been approved at the State and Federal level,
and is non-expiring. Consequently, the reductions in emissions in the
St. Paul Park Area are permanent and enforceable.
D. Fully Approved Maintenance Plan
Under section 107(d)(3)(E) and section 175A of the Act, the State
must submit a SIP revision to provide for a maintenance plan in order
for an area to be redesignated to attainment. Section 175A of the Act
sets forth the maintenance plan requirements for areas seeking
redesignation from nonattainment to attainment. The maintenance plan
must demonstrate continued attainment of the applicable NAAQS for at
least 10 years after the area is redesignated as well as contain such
additional measures, if any, as may be necessary to ensure maintenance.
Eight years after the redesignation date, the State is required to
revise its SIP to provide for maintenance of the standard in the
affected area for an additional ten-year period (section 175A(b) of the
Act).
In addition, the maintenance plan should contain such contingency
measures as the Administrator deems necessary to ensure prompt
correction of any violation of the NAAQS (section 175A(d) of the Act).
The Act provides that, at a minimum, the contingency measures must
include a requirement that the State will implement all measures
contained in the nonattainment SIP prior to redesignation. Failure to
maintain the NAAQS and triggering of the contingency plan will not
necessitate a revision of the SIP unless required by the Administrator,
as stated in section 175A(d) of the Act.
EPA redesignation policy stated in the September 4, 1992,
memorandum lists the five core provisions that a plan must contain in
order to ensure maintenance of the standards: (1) an attainment
inventory, (2) a maintenance demonstration, (3) a monitoring network,
(4) verification of continued attainment, and (5) a contingency plan.
The following paragraphs will discuss Minnesota's submittal with regard
to EPA's requirements to ensure maintenance of the standards.
1. Attainment Inventory
The State is required to develop an attainment inventory to
identify the level of emissions in the area at the time of
redesignation. However, the attainment inventory associated with this
redesignation will be the actual inventory at the time the St. Paul
Park Area attained the standard because Minnesota has made an adequate
demonstration that air quality has improved as a result of their
December 22, 1992, SIP submittal. Minnesota's air dispersion modeling
included in the 1992 SIP submittal contains the emission inventory of
SO2 sources in the St. Paul Park Area. The modeling methodology and
predicted SO2 concentrations based on the SO2 emissions inventory in
the 1992 SIP submittal are summarized in the following sections.
The modeling results provided below demonstrate that Minnesota's
attainment inventory included in their 1992 SIP submittal is sufficient
to meet the SO2 standards in the future.
2. Maintenance Demonstration
The State is required to demonstrate maintenance of the NAAQS by
either showing that future emissions of a pollutant or its precursors
will not exceed the level of the attainment inventory, or by modeling
to show that the future mix of sources and emission rates will not
cause a violation of the NAAQS.
In the 1992 St. Paul Park SIP submittal, a modeled attainment
demonstration was included to show that the reductions in emissions as
a result of this SIP would be sufficient to attain the applicable
NAAQS. The St. Paul Park Area's related maintenance demonstration is
based on the same modeling that was included in that 1992 SIP
submittal. A summary of the air quality model used by Minnesota in the
1992 SIP submittal and the resulting ambient SO2 concentrations
expected from the application of various control strategies are
contained below. Details of the modeled demonstration are contained in
the proposed action on the St. Paul Park SIP (59 FR 45653).
Dispersion modeling for the 3-hour, 24-hour, and annual standards
was conducted according to modeling guidance in effect at the time. The
Industrial Source Complex Short-Term (ISCST) model was run using the
regulatory option switch. SO2 impacts were calculated over a 4 km by 4
km area with 100 meter resolution (i.e., 1,681 receptors). Other (non-
St. Paul Park) larger Twin Cities SO2 sources were modeled explicitly
while other (non-St. Paul Park) smaller Twin Cities SO2 sources
including area sources were accounted for using a background SO2
concentration of 8 /m3 (0.003 ppm). This simple terrain SO2
modeling indicates maximum second-highest 3-hour and 24-hour SO2
concentrations of 1186.26 and 332.16 /m3 (0.45 and 0.127 ppm),
and maximum annual SO2 concentrations of 79.6 /m3 (0.030 ppm).
All three of these modeled maximum SO2 concentrations fall at or below
the SO2 NAAQS.
Complex terrain dispersion modeling for 24-hour averaging time was
performed using the COMPLEX1 model in VALLEY mode modified for urban
conditions (i.e., stability E and urban wind profile coefficients).
This complex terrain SO2 modeling indicates maximum second-highest 24-
hour SO2 concentrations of 195 g/m3 (0.074 ppm). Because the
COMPLEX1/VALLEY model 24-hour concentration was less than ISCST model
result, the simple terrain (ISCST model) results were used for
establishing the SO2 emission limits in the Ashland Petroleum Company
Administrative Order.
In either the modeled approach or the attainment inventory
approach, the maintenance demonstration requires the State to project
emissions for the 10-year period following redesignation. This
requirement is used for the purpose of showing that emissions will not
increase over the attainment inventory. The St. Paul Park Area's
emissions inventory is contained in the air dispersion modeling for
Minnesota's 1992 SIP revision submittal. According to this inventory,
there is approximately a 10 percent growth margin for the 3-hour and
24-hour standards and approximately a 1 percent growth margin for the
annual standard.
[[Page 26233]]
3. Monitoring Network
In accordance with 40 CFR Part 58, after an area has been
redesignated to attainment, the State must continue to operate an
appropriate air quality network to verify the attainment status of the
area. The current SO2 monitoring network in the St. Paul Park Area will
remain operating in accordance with this regulation.
4. Verification of Continued Attainment
Each State should ensure that it has the legal authority to
implement and enforce all measures necessary to attain and maintain the
NAAQS. Descriptions of the MPCA's authority to enforce the orders were
included in previous SIP submittal as letters from the Minnesota
Attorney General's office.
Regardless of whether the maintenance demonstration is based on a
showing that future emission inventories will not exceed the attainment
inventory or on modeling, the State submittal should indicate how the
State will track the progress of the maintenance plan. This is
necessary because emission projections made for the maintenance
demonstration depend on assumptions of point and area source growth.
Minnesota plans to use their permitting program to track the
progress of the maintenance plan. The permitting program will be able
to monitor the growth in the St. Paul Park Area by keeping track of new
permit applications, keeping track of requests for permit amendments,
and observing the annual emission inventories that all facilities with
permits must submit to the MPCA. In order to thoroughly monitor the
growth in the area with their permitting program, Minnesota has lowered
their potential to emit threshold for SO2 sources needing a permit to
50 tons per year (the Federal limit is 100 tons per year).
The frequency of these monitoring activities will depend on the
timing of requests for new permits and permit amendments. Facilities
operating under permits must submit their emission inventories in the
spring of every year.
Furthermore, future emissions are not predicted to increase for
several qualitative reasons. First, the Clean Fuel Fleets Project
initiated by Minnesota's refineries is producing diesel fuel with 0.05
percent sulfur instead of the standard 0.5 percent sulfur. This will
decrease SO2 emissions for companies using this cleaner fuel. Second,
Minnesota has a ``registration permit'' rule that encourages facilities
to reduce emissions, thereby avoiding the need for a Title V permit.
Third, Minnesota intends to require dispersion modeling of all major
(Part 70) SO2 sources with a potential to emit at least 100 tons per
year. The final reason relates to the possible overestimate of
predicted SO2 concentrations due to the use of conservative stack base
elevations for many of the smaller SO2 emissions sources (i.e., the
Mississippi River elevation which is the lowest point in the Twin
Cities area).
The incentives to reduce SO2 emissions, Minnesota's permitting
program, requirements for dispersion modeling, and the overestimates of
predicted SO2 concentrations jointly illustrate that SO2 emissions are
not likely to increase in the St. Paul Park Area. These factors will
also provide for continued attainment of the SO2 NAAQS in the St. Paul
Park Area.
5. Contingency Plan
Section 175A of the Act requires that a maintenance plan include
contingency provisions, as necessary, to promptly correct any violation
of the NAAQS that occurs after redesignation of that area. These
contingency measures are distinguished from those generally required
for nonattainment areas under section 172(c)(9). For the purposes of
section 175A, a State is not required to have fully adopted contingency
measures that will take effect without further action by the State in
order for the maintenance plan to be approved. However, the contingency
plan is considered to be an enforceable part of the SIP and should
ensure that the contingency measures are adopted expediently once they
are triggered. The plan should clearly identify the measures to be
adopted, a schedule and procedure for adoption and implementation, and
a specific time limit for action by the State. As a necessary part of
the plan, the State should also identify specific indicators, or
triggers, which will be used to determine when the contingency measures
need to be implemented.
The General Preamble for the Implementation of Title I of the Act
published in the Federal Register on April 16, 1992 (57 FR 13498),
states that SO2 SIPs present ``special considerations'' when referring
to contingency plans. As stated in the Preamble, the modeling of SO2
sources is considered reliable for predicting the amount of SO2 emitted
from sources in the nonattainment area. There is not such confidence
with other pollutants. Also, the Preamble states that control measures
for SO2 emissions are ``well understood and far less prone to
uncertainty.'' Therefore, it would be unlikely for an SO2 area to
implement emission controls but fail to attain the NAAQS. For the
reasons stated above, EPA concluded that contingency measures in SO2
SIPs where a comprehensive program exists in the State ``to identify
sources of violations of the SO2 NAAQS and to undertake an aggressive
follow-up for compliance and enforcement'' need not submit contingency
plans with their SO2 SIPs.
MPCA does have comprehensive enforcement and compliance programs
that meet the above stated requirements.
The attainment inventory, maintenance demonstration, monitoring
network, verification of continued attainment, and contingency plan
submitted for the St. Paul Park Area constitute sound maintenance plans
and satisfy EPA's requirements.
E. Part D and Other Section 110 Requirements
EPA approved the SO2 SIP revision for the St. Paul Park Area on
January 18, 1995, after having concluded that the plan satisfied the
requirements of Part D and section 110 of the Act. Once the SO2
nonattainment area is redesignated to attainment, the Part D new source
review program requirements will not apply. However, the sources in the
area will now be required to comply with the prevention of significant
deterioration (PSD) program. Minnesota has been delegated the Federal
PSD program as published in the Code of Federal Regulations at 40 CFR
52.1234 (1994).
1. Section 176 Conformity Requirements
Section 176 of the Act requires States to revise their SIPs to
establish criteria and procedures to ensure that individual Federal
actions will conform to the overall air quality planning goals in the
applicable State SIP. Section 176 further provides that the State's
conformity revisions must be consistent with the Federal conformity
regulations promulgated by EPA under the Act. The requirement used by
Federal agencies to determine conformity is defined in 40 CFR part 93
subpart B (``general conformity'').
EPA believes it is reasonable to interpret the conformity
requirements as not being applicable requirements for purposes of
evaluating redesignation requests under section 107(d) of the Act. The
rationale for this is based on a combination of two factors. First, the
requirement to submit SIP revisions to comply with the conformity
provisions of the Act continues to apply to areas after redesignation
to attainment, since such areas would be subject to a section 175A
maintenance plan. Second, EPA's Federal conformity rules require the
performance of conformity analyses in
[[Page 26234]]
the absence of federally approved State rules. Therefore, because areas
are subject to the conformity requirements regardless of whether they
are redesignated to attainment, and must implement conformity under
Federal rules if State rules are not yet approved, EPA believes it is
reasonable to view these requirements as not being applicable
requirements for purposes of evaluation of a redesignation request.
Consequently, the SO2 redesignation requests for the St. Paul Park Area
may be approved notwithstanding the lack of fully approved general
conformity rules. Refer to EPA's action in the Tampa, Florida, ozone
redesignation finalized on December 7, 1995 (60 FR 627428).
IV. Final Rulemaking Action
EPA is approving the St. Paul Park Area redesignation request from
the State of Minnesota submitted on October 31, 1995. Therefore, EPA is
redesignating the St. Paul Park Area in Washington and Dakota Counties
to attainment. Consequently, Washington and Dakota Counties in their
entireties will be designated as attainment for the SO2 NAAQS. EPA has
completed an analysis of this SIP revision request based on a review of
the materials presented, and has determined that they met the
requirements of the Act.
EPA is publishing this action without prior proposal because the
EPA views this as a noncontroversial issue and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, EPA is proposing to approve the redesignation request
should adverse or critical comments be filed. This action will be
effective July 14, 1997 unless, by June 12, 1997, adverse or critical
comments are received.
If EPA receives such comments, the actions affecting the St. Paul
Park Area will be withdrawn before the effective date by publishing a
subsequent document. All public comments received will be addressed in
a subsequent final rule based on applicable parts of 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 July 14, 1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any SIP. Each request for revision to the SIP shall be
considered separately in light of specific technical, economic, and
environmental factors and in relation to relevant statutory and
regulatory requirements.
V. Administrative Requirements
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 D. Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget has exempted
this regulatory action from Executive Order 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 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 Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. v. EPA, 427 U.S. 246, 255-66 (1976); 42
U.S.C. 7410(a)(2).
Redesignation of an area to attainment under section 107(d)(3)(E)
of the Act 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 a redesignation request
will not affect a substantial number of small entities.
C. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must undertake various actions
in association with 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. This Federal action approves pre-existing requirements under
state or local law, and imposes no new Federal requirements.
Accordingly, no additional costs to state, local, or tribal
governments, or 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 Controller 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 Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 14, 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.
Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control.
Dated: April 23, 1997.
Valdas V. Adamkus,
Regional Administrator.
For the reasons stated in the preamble, part 81, chapter I, title
40 of the Code of Federal Regulations is amended as follows:
PART 81--[AMENDED]
1. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
[[Page 26235]]
2. Section 81.324 is amended by revising the entry for AQCR 131 in
the table entitled ``Minnesota-SO2'' to read as follows:
Sec. 81.324 Minnesota.
* * * * *
Minnesota-SO2
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Does not Does not
meet meet Cannot be Better than
Designated area primary secondary classified national
standards standards standards
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AQCR 131:
Anoka County........................................... ........... ........... ........... X
Carver County.......................................... ........... ........... ........... X
Dakota County.......................................... ........... ........... ........... X
Hennepin County........................................ ........... ........... ........... X
Ramsey County.......................................... ........... ........... ........... X
Scott County........................................... ........... ........... ........... X
Washington County...................................... ........... ........... ........... X
* * * * * *
*
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[FR Doc. 97-11994 Filed 5-12-97; 8:45 am]
BILLING CODE 6560-50-P
