[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9022]


[[Page Unknown]]

[Federal Register: April 14, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81

[MN19-2-6115; FRL-4859-2]

 

Approval of Maintenance Plan and Designation of Areas for Air 
Quality Planning Purposes; Minnesota

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: USEPA is approving a redesignation request and maintenance 
plan for the City of Duluth as a revision to Minnesota's State 
Implementation Plan (SIP) for carbon monoxide.
    The revision is based on a request from the State of Minnesota to 
redesignate this area, and approve its maintenance plan, and on the 
supporting data the State submitted. Under the Clean Air Act, 
designations can be changed if sufficient data are available to warrant 
such change.

EFFECTIVE DATE: This final rulemaking becomes effective on June 13, 
1994.

ADDRESSES: Copies of the requested redesignation, and other materials 
relating to this rulemaking are available for inspection at the 
following address: (It is recommended that you telephone William Jones 
at (312) 886-6058, before visiting the Region 5 Office.) U.S. 
Environmental Protection Agency, 77 West Jackson Boulevard, Region 5, 
Chicago, Illinois 60604.
    A copy of this redesignation is available for inspection: Air 
Docket 6102 U.S. Environmental Protection Agency, 401 M Street SW., 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: William Jones, Regulation Development 
Section, Air Enforcement Branch (AE-17J), U.S. Environmental Protection 
Agency, Region 5, Chicago, Illinois 60604, (312) 886-6058.

SUPPLEMENTARY INFORMATION: Under section 107(d) of the pre-amended 
Clean Air Act (CAA), the United States Environmental Protection Agency 
(USEPA) promulgated the carbon monoxide (CO) attainment status for each 
area of every State. For Minnesota the Duluth area was designated 
nonattainment for CO, see 43 FR 8962 (March 3, 1978), and 43 FR 45993 
(October 5, 1978). The Duluth area was redesignated to attainment for 
CO, see 51 FR 45319 (December 18, 1986), and 52 FR 6548 (March 4, 
1987). On November 15, 1990, the Clean Air Act Amendments (CAAA) of 
1990 were enacted. Pubic Law No. 101-549, 104 Stat. 2399, codified at 
42 U.S.C. 7401-7671q. Pursuant to section 107(d)(4)(A), the City of 
Duluth was designated nonattainment for CO as a result of monitored 
violations of the CO National Ambient Air Quality Standards (NAAQS) 
during the 1988-1989 time period, see 56 FR 56694, November 6, 1991. 
The City of Duluth was classified as a low moderate CO nonattainment 
area based on a design value below 12.7 ppm. On October 30, 1992, the 
Minnesota Pollution Control Agency (MPCA) submitted a maintenance plan 
and a request for the redesignation of the City of Duluth, Minnesota to 
attainment of the NAAQS for CO. The redesignation request was 
accompanied by a report containing information supporting the 
redesignation request. On November 10, 1993, the State of Minnesota 
transmitted the results of their public hearing and additional 
information. On December 22, 1993, the MPCA provided further detail on 
the schedule for implementing their maintenance plan.
    USEPA has provided guidance on processing redesignation requests in 
a September 4, 1992, memorandum from John Calcagni, Director, Air 
Quality Management Division, Subject: Procedures for Processing 
Requests to Redesignate Areas to Attainment (Redesignation Memorandum). 
This guidance memorandum was used in the evaluation of the submittal. 
The State of Minnesota has met all of the CAA requirements for 
redesignation pursuant to section 107(d)(3)(E). The State has included 
a copy of the base year 1990 emissions inventory as the attainment 
inventory. The attainment emissions inventory contained point, area, 
and mobile source carbon monoxide emissions in tons per year and for a 
typical winter day in Duluth. 

       Table 1.--Carbon Monoxide Emissions for the City of Duluth       
------------------------------------------------------------------------
                         Mobile       Point                             
   Emissions rate        source       source    Area source     Total   
                       emissions    emissions    emissions    emissions 
------------------------------------------------------------------------
Pounds/winter day in                                                    
 1990...............      128,342        4,270       85,614      218,226
Tons/year in 1990...       23,495          388        9,219      33,103 
------------------------------------------------------------------------


 Table 2.--Projected Carbon Monoxide Emissions (Kg/8-Hour Period During 
              the Winter) for the Years 1990, 1995 and 2005             
------------------------------------------------------------------------
           Intersection                1990         1995         2005   
------------------------------------------------------------------------
Superior Street and 3rd Avenue...       192.09       122.00        85.48
Central entrance and Mesaba......       130.65        81.14        55.24
Central entrance and Arlington...       132.11        83.63        55.24
Central entrance and Trinity Road       121.41        76.42       51.23 
------------------------------------------------------------------------

Public Comment/USEPA Response

    No adverse comments were received on the September 24, 1993, notice 
of proposed rulemaking.

Rulemaking Action

    The amended Clean Air Act established a new submittal requirement 
with respect to various programs. Therefore, USEPA reviewed the State's 
submittal, to determine whether the State met the applicable 
requirements of the amended Act.
    The redesignation request can now be approved as meeting conditions 
of the CAA in section 107(d)(3)(E) for redesignation, since the State 
has submitted a schedule for implementing the contingency plan. The 
State has also met the terms of the May 26, 1988, SIP call for the 
Minnesota portion of the Duluth Metropolitan Statistical Area (MSA) 
consisting of St. Louis County, Minnesota.
    The applicable New Source Review (NSR) requirements for moderate CO 
areas are in section 172(c)(5) of the Act. Section 172(b) establishes a 
date no later than November 15, 1993, for submittal of the section 
172(c) requirements. Since USEPA has not established an earlier date 
for submittal, the NSR requirement did not become an applicable 
requirement until November 15, 1993. Since Minnesota submitted the 
redesignation request for Duluth prior to November 15, 1993, and the 
area is now designated attainment, there is no longer a requirement for 
nonattainment area CO NSR.
    The amended Act also specifies new requirements--i.e., requirements 
not established under the pre-amended Act--for CO nonattainment areas. 
These include an oxygenated fuels program and an emissions inventory. 
These requirements were due on November 15, 1992. Since Minnesota 
submitted the redesignation request prior to November 15, 1992, the 
State was not required to submit these plan elements for purposes of 
redesignation. Further, since the area is now designated attainment for 
CO, the CO emissions inventory and oxygenated fuels SIPs are no longer 
required for the Duluth area.
    Nothing in this action should be construed as permitting or 
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.
    This action makes final the action proposed on September 24, 1993 
(58 FR 49956) to approve Minnesota's requested redesignation. USEPA 
received no public comment on the proposed rule. As a direct result, 
the Regional Administrator has reclassified this action from Table 1 to 
a Table 3 under the processing 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, Assistant 
Administrator for Air and Radiation. On January 6, 1989, the Office of 
Management and Budget waived Tables Two and Three SIP revisions (54 FR 
222) from the requirements of section 3 of Executive Order 12291 for a 
period of 2 years. USEPA has submitted a request for a permanent waiver 
for Table 2 and Table 3 SIP revisions. The 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.
    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 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. U.S. E.P.A., 427 U.S. 246, 256-66 (1976); 42 
U.S.C. 7410(a)(2).
    Redesignation of an area to attainment under section 107(d)(3)(E) 
of the CAA 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 the redesignation request 
will not affect a substantial number of small entities.
    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 13, 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 challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Note.--Incorporation by reference of the State Implementation 
Plan for the State of Minnesota was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: March 21, 1994.
Valdas V. Adamkus,
Regional Administrator.

    Part 52, chapter 1, 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 52.1220 is amended by adding a new paragraph (c)(31) to 
read as follows:


Sec. 52.1220  Identification of plan.

* * * * *
    (c) * * *
    (31) In a letter dated October 30, 1992, the MPCA submitted a 
revision to the Carbon Monoxide State Implementation Plan for Duluth, 
Minnesota. This revision contains a maintenance plan that the area will 
use to maintain the CO NAAQS. The maintenance plan contains park and 
ride lots and an oxygenated fuels program as the contingency measure.
    (i) Incorporation by reference.
    (A) Letter dated October 30, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5 
and its enclosures entitled Appendix E.
    (ii) Additional information.
    (A) Letter dated November 10, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (B) Letter dated December 22, 1993, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PURPOSES

    1. The authority citation of part 81 continues to read as follows:

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

    2. In Sec. 81.324, the Carbon Monoxide table is amended by revising 
the entry the ``City of Duluth'' to read as follows:


Sec. 81.324  Minnesota.

* * * * * 

                       Minnesota--Carbon Monoxide                       
------------------------------------------------------------------------
                                 Designation              Classification
  Designated area  -----------------------------------------------------
                          Date1              Type          Date1   Type 
------------------------------------------------------------------------
                                                                        
                                                                        
                              * * * * * * *                             
Duluth area                                                             
  St. Louis County  [Insert date: 60   Attainment.......                
   (part) City of    days from                                          
   Duluth.           publication].                                      
                              * * * * * * *                             
------------------------------------------------------------------------
1This date is November 15, 1990, unless otherwise noted.                


[FR Doc. 94-8814 Filed 4-13-94; 8:45 am]
BILLING CODE 6560-50-P
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300334; FRL-4768-9]
RIN No. 2070-AB78

Tolerance Exemption for Trimethylolpropane; Technical Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Technical amendment.

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SUMMARY: This document makes a technical amendment to a regulation 
establishing an exemption from the requirement of a tolerance for 
residues of trimethylolpropane (CAS Registry No. 77-99-6) when used as 
an inert ingredient (component of water-soluble film) in pesticide 
formulations applied to growing crops only. A limitation of 15% of the 
formulation that was inadvertently listed is changed to the intended 
15% of the film limitation.

EFFECTIVE DATE: April 14, 1994.


FOR FURTHER INFORMATION CONTACT: By mail: Tina Levine, Registration 
Support Branch, Reregistration Division (7505W), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: 6th Floor, CS #1, 1921 Jefferson Davis 
Hwy., Arlington, VA, (703)-308-8393.
SUPPLEMENTARY INFORMATION: In the Federal Register of August 25, 1993 
(58 FR 44766), EPA issued a regulation adding trimethylolpropane (CAS 
Reg. No. 77-99-6), a component in water-soluble film, to 40 CFR 
180.1001(d) as an exemption from the requirement of a tolerance for 
pesticides under section 408 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 346a). The exemption included with the limit ``Not to 
exceed 5% by weight of the film.'' In the preamble to the final rule, 
EPA discussed a comment requesting that the 5% limit be raised and 
announced that it would be addressed in a separate notice.
    A proposal to raise the limit to 15% was published in the Federal 
Register of November 24, 1993 (58 FR 62071), and the amendment was 
finalized on January 19, 1994 (59 FR 2751). Although the discussion in 
the preamble of the November 24th proposal indicated clearly that 
trimethylolpropane was used in water-soluble films at levels up to 
approximately 15%, all expressions of the limits in the proposed and 
final rules on the amendment to the exemption were as percentages ``of 
the formulation.'' Even the previous final rule was incorrectly 
described in the November 24th proposal as having ``a limitation that 
it will not exceed 5% of the pesticide formulation.'' This document 
corrects this error by delineating the appropriate limits so that the 
exemption will be correctly listed in the Code of Federal Regulations 
(CFR). EPA is issuing this technical amendment without notice and 
comment periods because it is merely a technical change which restores 
the scope of the exemption to what was intended by EPA, the original 
petitioner, the commenter who sought to raise the limit, and all other 
commenters on this exemption.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

Dated: March 28, 1994.

Douglas D. Campt,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR part 180 is amended as follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 continues to read as 
follows:

    Authority: 21 U.S.C. 346a and 371.

    2. Section Sec. 180.1001(d) is amended by revising the following 
entry, to read as follows:


Sec. 180.1001  Exemptions from the requirement of a tolerance.

*        *        *        *        *
    (d) *  *  * 

------------------------------------------------------------------------
    Inert ingredients            Limits                   Uses          
------------------------------------------------------------------------
                                                                        
                                 *******                                
Trimethylolpropane (CAS    Not to exceed 15%   Component in water-      
 Reg. No. 77-99-6).         by weight of the    soluble film.           
                            film.                                       
                                                                        
                                 *******                                
------------------------------------------------------------------------

*        *        *        *        *

[FR Doc. 94-9022 Filed 4-13-94; 8:45 am]
BILLING CODE 6560-50-F