[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23037]
[[Page Unknown]]
[Federal Register: September 19, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MN15-2-6363; FRL-5072-6]
Approval of the 1990 Base Year Carbon Monoxide Emission Inventory
for Minnesota
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Final rule.
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SUMMARY: The USEPA is approving the 1990 base year carbon monoxide (CO)
emission inventory submitted by the State of Minnesota as meeting the
Clean Air Act requirements for emission inventories for CO. The
inventory was submitted by the State to satisfy certain Federal
requirements for an approvable nonattainment area CO State
Implementation Plan (SIP) for the Duluth and Minneapolis-St. Paul areas
in Minnesota.
USEPA's action is based upon a base year emission inventory which
was submitted by the State of Minnesota to satisfy the requirements of
section 187(a)(1) of the Clean Air Act.
EFFECTIVE DATE: This final rulemaking becomes effective on October 19,
1994.
ADDRESSES: Copies of the base year emission inventory and other
materials relating to this rulemaking are available for inspection at
the following address: (It is recommended that you telephone Maggie J.
Greene before visiting the Region 5 Office.) United States
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard (AE-17J), Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Maggie J. Greene, Air Enforcement
Branch, Regulation Development Section (AE-17J), United States
Environmental Protection Agency, Region 5, Chicago, Illinois 60604,
(312) 886-6088.
SUPPLEMENTARY INFORMATION:
I. Summary of State Submittal
On November 9, 1992 and November 10, 1992, the Minnesota Pollution
Control Agency submitted to USEPA 1990 base year CO emission
inventories for the Duluth and Minneapolis-St. Paul areas in Minnesota.
The inventories were were submitted to USEPA as a revision to the State
of Minnesota SIP. The State held public hearings on October 26, 1992,
and November 6, 1992, to entertain public comments on the 1990 base
year emission inventory for Duluth. The public hearing for the
Minneapolis-St. Paul metropolitan area was held on June 22, 1994. The
USEPA issued a completeness letter to the State on March 8, 1993. The
notice of proposed rulemaking was published in the February 25, 1994
(59 FR 9155) Federal Register.
II. Public Comment/USEPA Response
A thirty-day public comment period was provided to allow interested
parties the opportunity to comment on USEPA's proposed action. There
were no public comments received on this action by the Agency.
Additionally, USEPA redesignated the Duluth area to attainment on April
14, 1994 (59 FR 17706) in a separate rulemaking action.
III. Rulemaking Action
USEPA is approving the base year emission inventory that was
submitted by the State of Minnesota. The State submitted a complete
inventory containing point, area, and mobile off-road and on-road
source data, and documentation. The inventory is complete and
approvable for the Duluth and Minneapolis-St. Paul areas according to
all criteria set out in the June 24, 1993, memorandum from John S.
Seitz, Director, Office of Air Quality Planning and Standards, to the
Regional Air Directors. Although Minnesota had not provided opportunity
for public comment on the Minneapolis-St. Paul area inventory at the
time of USEPA's proposed rulemaking, Minnesota provided such public
comment period for 30 days ending June 17, 1994, and held a public
hearing on June 22, 1994. With this action, the Minneapolis-St. Paul
area inventory is now also complete and approvable. As a result, USEPA
is approving the SIP carbon monoxide emission inventory submitted by
the State of Minnesota.
The emissions inventories of carbon monoxide emissions for a
typical winter day in Duluth and in the Minneapolis-St. Paul areas are
indicated in tables 1 and 2 below.
Table 1.--Carbon Monoxide Emissions for the Duluth Area
------------------------------------------------------------------------
1990
emissions
Emissions source rate (lbs/
winter
day)
------------------------------------------------------------------------
On-road Mobile............................................... 114,718
Off-road Mobile.............................................. 13,624
Point Source................................................. 4,270
Area Source.................................................. 85,614
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Total Emissions........................................ 218,226
------------------------------------------------------------------------
Table 2.--Carbon Monoxide Emissions for the Minneapolis-St. Paul Area
------------------------------------------------------------------------
1990
emissions
Emissions source rate (lbs/
winter day)
------------------------------------------------------------------------
On-road Mobile............................................. 2,790,595
Off-road Mobile............................................ 345,702
Point Source............................................... 559,898
Area Source................................................ 566,285
------------
Total Emissions...................................... 4,262,480
------------------------------------------------------------------------
Nothing in this action should be construed as permitting, 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.
USEPA received no adverse public comment on the proposed action. As
a direct result, the Regional Administrator reclassified this action
from Table 2 to a Table 3 action under the 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, Acting
Assistant for Air and Radiation. A future notice will inform the
general public of these tables. On January 6, 1989, the Office of
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions
(54 FR 2222) from the requirements of Section 3 of Executive Order
12291 for 2 years. The USEPA submitted a request for a permanent waiver
for Table 2 and Table 3 SIP revisions. The OMB agreed to continue the
temporary 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. OMB has
exempted this regulatory action from Executive Order 12866 review.
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 jusrisdiction 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 (S. Ct. 1976);
42 U.S.C. 7410(a)(2).
Under Section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filled in the United States Court of Appeals for
the appropriate circuit by November 18, 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 changed 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, Carbon monoxide,
Intergovernmental relations, Reporting and record keeping requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: August 31, 1994.
Valdas V. Adamkus,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations 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 52.1237 is added to read as follows:
Sec. 52.1237 Control strategy: Carbon monoxide.
(a) The base year carbon monoxide emission inventory requirement of
section 187(a)(1) of the Clean Air Act, as amended in 1990, has been
satisfied for the following areas: Duluth Metropolitan Area and
Minneapolis-St. Paul Metropolitan Area.
[FR Doc. 94-23037 Filed 9-16-94; 8:45 am]
BILLING CODE 6560-50-P
