[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4224]


[[Page Unknown]]

[Federal Register: February 25, 1994]



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40 CFR Part 52

[MN-15-1-5878; FRL-4841-7]

 

Approval of the 1990 Base Year Carbon Monoxide Emission Inventory 
for Minnesota

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Proposed rule.

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SUMMARY: The USEPA today proposes full approval of the 1990 base year 
carbon monoxide (CO) emission inventory by the State of Minnesota for 
the purpose of bringing about the attainment of the National Ambient 
Air Quality Standard (NAAQS) 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.
DATES: Comments on this proposed action must be received in writing by 
March 28, 1994.

ADDRESSES: Written Comments should be sent to: William L. MacDowell, 
Chief, Regulation Development Section, Air Enforcement Branch (AE-17J), 
U.S. Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604-3509.
    Copies of the State's submittal and other information are available 
for inspection during normal business hours at the following location: 
United States Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604-3509, (312) 353-3849.

FOR FURTHER INFORMATION CONTACT: Anne E. Tenner, Air Enforcement Branch 
(AE-17J), United States Environmental Protection Agency, Region 5, 77 
West Jackson Boulevard, Chicago, Illinois 60604-3509, (312) 353-3849.

SUPPLEMENTARY INFORMATION:

I. Background

    Under the Clean Air Act as amended (including 1990 Amendments) 
(CAA), States have the responsibility to inventory emissions 
contributing to NAAQS 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 CAA requires 
moderate and serious CO nonattainment areas to submit a base year CO 
inventory that represents actual emissions in the CO season by November 
15, 1992. Moderate and serious CO nonattainment areas are required to 
submit a revised inventory that represents actual emissions no later 
than September 30, 1995, and every three years thereafter until the 
area is redesignated to attainment. The 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 the Act. The USEPA has issued 
a General Preamble describing USEPA's preliminary views on how USEPA 
intends to review SIP revisions submitted under title I of the Act, 
including requirements for the preparation of the 1990 base year 
inventory (see 57 FR 13529; April 16, 1992 and 57 FR 18070; April 28, 
1992). Because USEPA is describing its interpretations here only in 
broad terms, the reader should refer to the General Preamble for a more 
detailed discussion of the interpretations of title I advanced in 
today's proposal and the supporting rationale. In today's proposed 
rulemaking action on the Minnesota carbon monoxide base year emission 
inventory, USEPA is proposing to apply its interpretations taking into 
consideration the specific factual issues presented. Thus, USEPA will 
consider any comments submitted within the comment period before taking 
final action on today's proposal.
    Those States containing moderate carbon monoxide nonattainment 
areas are required under section 187(a)(1) of the Clean Air Act to 
submit by November 15, 1992, a comprehensive, accurate, and current 
inventory of actual CO season emissions from all sources (57 FR 13530, 
April 16, 1992). Stationary point, stationary area, on-road mobile, and 
non-road mobile sources of carbon monoxide (CO) are to be included in 
the inventory. This inventory is for calendar year 1990 and is denoted 
as the base year inventory. The inventory is to address actual CO 
emissions for the area during the peak CO season. The peak CO season 
should reflect the months when peak CO air quality concentrations 
occur. For many, but not all areas of the country, the peak CO season 
will be in the wintertime months. For areas where winter is the peak CO 
season, the 1990 base year inventory will include the winter months 
that begin in 1989 and extend into 1990 (e.g., December 1989 through 
January-February 1990). 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)(1) of the CAA (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 sections 179(a)(1) and 110(c)(1), a 
finding by USEPA that a submittal is incomplete is one of the actions 
that initiates the sanctions and Federal Implementation Plan (FIP) 
processes.1
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    \1\Memorandum from J. David Mobley, Chief, Emission Inventory 
Branch, to Air Branch Chiefs, Region I-X, ``Guidance on States' 
Failure to Submit Ozone and CO SIP Inventories,'' November 12, 1992.
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II. This Proposed Action

    Section 110(k) of the Act sets out provisions governing USEPA's 
review of base year emission inventory submittals in order to determine 
approval or disapproval under section 187(a)(1) (see 57 FR 13565-13566, 
April 16, 1992). The USEPA is proposing to grant approval of the carbon 
monoxide (CO) base year emission inventory submitted to USEPA on 
November 9, 1992, based on the Level I, II, and III review findings. 
This section outlines the review procedures performed to determine if 
the base year emission inventory is acceptable.
    Today's proposed action describes the review procedures associated 
with determining the acceptability of a 1990 base year emission 
inventory and discusses the levels of acceptance or disapproval that 
can result from the findings of the review process.

A. Review of a State Base Year SIP CO Inventory

    The emissions inventory was submitted on November 9, 1992, from the 
State of Minnesota to USEPA. USEPA reviewed the inventory and is 
satisfied that all Agency guidance requirements have been met.
    The emissions inventory contained point, area, mobile on-road and 
mobile off-road source carbon monoxide emissions for a typical winter 
day in Duluth.

         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
Total Emissions......................................            218,226
------------------------------------------------------------------------

    Table 1 provides a summary of emissions for Duluth. Approximately 
59 percent of the emissions are from mobile sources. The State used 
USEPA guidance in preparation of the emissions inventory. A copy of 
this inventory is available for review at the Region 5 office listed 
previously.
    The emissions inventory also contained point, area, on-road, and 
off-road mobile source carbon monoxide emissions for a typical winter 
day in the Minneapolis-St. Paul area.

  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
------------------------------------------------------------------------

    Table 2 provides a summary of the emissions for the Minneapolis-St. 
Paul area. Approximately 73 percent of the emissions are from mobile 
sources. The State used USEPA guidance in preparation of the emissions 
inventory. A copy of this inventory is also available for review at the 
Region 5 office listed previously.
    The Level I and II review process is used to determine that all 
components of the base year inventory are present. The review also 
evaluates the level of supporting documentation provided by the State 
and assesses whether the emissions were developed according to current 
USEPA guidance. The data quality is also evaluated.
    The Level III review process is outlined here and consists of 9 
points that the inventory must include. For a base year emission 
inventory to be acceptable it must pass all of the following acceptance 
criteria:

    1. An approved Inventory Preparation Plan (IPP) was provided and 
the Quality Assurance (QA) program contained in the IPP was performed 
and its implementation documented.
    2. Adequate documentation was provided that enabled the reviewer to 
determine the emission estimation procedures and the data sources used 
to develop the inventory. Summary emissions by categories of source 
type were provided and these emissions match the emission totals in the 
Aerometric Information Retrieval System (AIRS).
    3. The point source inventory must be complete.
    4. Point source emissions must have been prepared or calculated 
according to the current USEPA guidance.
    5. The area source inventory must be complete.
    6. The area source emissions must have been prepared or calculated 
according to the current USEPA guidance. 7. The method (e.g., Highway 
Performance Monitoring System (HPMS) or a network transportation 
planning model) used to develop VMT estimates must follow USEPA 
guidance, which is detailed in the document, ``Procedures for Emission 
Inventory Preparation, Volume IV: Mobile Sources'', U.S. Environmental 
Protection Agency, Office of Mobile Sources and Office of Air Quality 
Planning and Standards, Ann Arbor, MI and RTP, NC, December 1992. The 
VMT development methods were adequately described and documented in the 
inventory report.
    8. The MOBILE model was correctly used to produce emission factors 
for each of the vehicle classes.
    9. Non-road mobile emissions were prepared according to current 
USEPA guidance for all of the source categories.

    The base year emission inventory will be approved if it passes 
Levels I, II, and III of the review process. Detailed Level I and II 
review procedures can be found in the following document; ``Quality 
Review Guidelines for 1990 Base Year Emissions Inventories'', Office of 
Air Quality Planning and Standards (OAQPS), Research Triangle Park, NC, 
August, 1992. Level III review procedures are specified in a memorandum 
from John S. Seitz, Director of OAQPS to Regional Air Division 
Directors entitled ``Emission Inventory Issues,'' dated June 24, 1993. 
USEPA has reviewed the inventory using these criteria and proposes 
approval of the base year emission inventory as meeting the 
requirements of section 187(a)(1) of the Act.
    A summary of the Level III findings is given below.

    1. The IPP and the Q/A program have been approved and implemented. 
These were approved by a June 8, 1993, letter from William L. 
MacDowell, Region 5 to Lisa Thorvig, Minnesota Pollution Control 
Agency.
    2. The documentation was adequate and was reviewed in detail.
    3. The point source inventory was found to be complete.
    4. The point source emissions were estimated according to USEPA 
guidance.
    5. The area source inventory was found to be complete.
    6. The area source emissions were estimated according to USEPA 
guidance.
    7. The method used to develop vehicle miles traveled estimates was 
in accordance with USEPA guidance, and was documented.
    8. The MOBILE model was used correctly.
    9. The non-road mobile source emission estimates were correctly 
prepared. Most of the emissions were estimated by apportioning the 
USEPA nonroad mobile emissions inventory by population to the 
applicable counties.

B. Procedural Background

    The Act requires States to observe certain procedural requirements 
in developing emission inventory submissions to USEPA. Section 
110(a)(2) of the Act provides that each emission inventory submitted by 
a State must be adopted after reasonable notice and public 
hearing.2 Final approval of the inventory will not occur until the 
State revises the inventory to address public comments. CO 
nonattainment areas with design values greater than 12.7 ppm must 
submit the entire SIP (emissions inventories, attainment 
demonstrations, and control strategies) by November 15, 1992, and USEPA 
expects the emissions inventories to have gone through the public 
hearing process as part of the full CO SIP.3 CO areas with design 
values 12.7 and below would be required to subject the emissions 
inventory to the public hearing and adoption process if the area 
attains the CO NAAQS and subsequently develops a redesignation request 
and the associated maintenance plan. A public hearing would also be 
required for CO areas with design values 12.7 and below if the area 
fails to attain the NAAQS standard by December 31, 1995, and is 
reclassified to serious and therefore required to submit an attainment 
plan.
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    \2\Also section 172(c)(7) of the Act requires that plan 
provisions for nonattainment areas meet the applicable provisions of 
section 110(a)(2).
    \3\Memorandum from John Calcagni, Director, Technical Support 
Division, to Regional Air Division Directors, Region I-X, ``Public 
Hearing Requirements for 1990 Base-Year Emission Inventories for 
Ozone and Carbon Monoxide Nonattainment Areas,'' September 29, 1992.
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    The State of Minnesota held a public hearing on October 26, 1992, 
and November 6, 1992, to entertain public comment on the 1990 base year 
emission inventory for Duluth. The State was given a de minimis 
deferral for the Minneapolis-St. Paul public hearing. The de minimis 
deferral of the public hearing requirement is provided for in a 
September 29, 1992, memorandum from John Calcagni, Director, Air 
Quality Management Division.4 The inventory was submitted to USEPA 
on November 9, 1992, and November 11, 1992, as a proposed revision to 
the SIP.
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    \4\Because the base year 1990 CO emissions inventory for 
Minneapolis does not place an emissions limitation on sources, USEPA 
has determined that it is appropriate to provide a ``de minimis'' 
deferral of the State public hearing requirement up to such time as 
a public hearing is held on a redesignation request or an attainment 
demonstration for the area. After it is included in a redesignation 
request or attainment demonstration, it could become an emissions 
budget for the area. The budget would limit the amount of emissions 
that the area could emit into the air. CO areas with design values 
12.7 ppm and below would be required to subject the emissions 
inventory to the public hearing and adoption process if the area 
attains the CO NAAQS and subsequently develops a redesignation 
request and associated maintenance plan, or if the area fails to 
attain the standard by December 31, 1995, and is reclassified to 
serious and therefore required to submit an attainment plan.
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    The emission inventory was reviewed by USEPA to determine 
completeness shortly after its submittal, in accordance with the 
completeness criteria set out at 40 CFR part 51, appendix V (1991), as 
amended by 57 FR 42216 (August 26, 1991). A letter was sent to the 
Governor indicating the completeness of the submittal and the next 
steps to be taken in the review process. In today's action USEPA 
proposes to approve the Minnesota carbon monoxide emission inventory 
submittal for Duluth and the Minneapolis-St. Paul areas and invites 
public comment on the action.

III. Implications of This Action

    The USEPA is proposing to fully approve the SIP carbon monoxide 
emission inventory submitted to USEPA for the Duluth and Minneapolis-
St. Paul areas on November 9 and 11, 1992. The State has submitted a 
complete inventory containing point, area, and mobile source data, and 
documentation. The Duluth inventory is complete and approvable 
according to all criteria set out in the June 24, 1993, memorandum from 
John S. Seitz, Director, OAQPS, to the Regional Air Directors. The 
Minneapolis-St. Paul inventory is complete and approvable according to 
the criteria set out in the June 24, 1993, Seitz memorandum with the 
exception of the CAA requiring a public hearing and comment period.
    USEPA granted Minnesota a deferral from the public hearing 
requirement. However, since the State was only given a de minimis 
deferral of the public hearing requirements for the Minneapolis-St. 
Paul emissions inventory, the final action for the area cannot be 
effective until the State has held the public hearing, and solicited 
comments and submitted these to USEPA.
    As noted, additional submittals of SIP emission inventories for the 
nonattainment areas are due at later dates. The USEPA will determine 
the adequacy of any such submittal as appropriate.

IV. Request for Public Comments

    The USEPA is requesting comments on all aspects of today's 
proposal. As indicated at the outset of this notice, USEPA will 
consider any comments received by March 28, 1994.

V. Executive Order (EO) 12291

    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225). 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 a period of two years. USEPA has submitted a request for a 
permanent waiver for Table 2 and Table 3 SIP revisions. 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.

VI. Regulatory Flexibility

    Under the Regulatory Flexibility Act, 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 economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprise, 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. USEPA, 427 U.S. 246, 256-66 (1976); 42 U.S.C. 
7410 (a)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: February 4, 1994.
David A. Ullrich,
Acting Regional Administrator.
[FR Doc. 94-4224 Filed 2-24-94; 8:45 am]
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