[Federal Register Volume 59, Number 191 (Tuesday, October 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24420]


[[Page Unknown]]

[Federal Register: October 4, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MN17-3-6325; [FRL-5077-2]

 

Approval and Promulgation of Implementation Plans; Carbon 
Monoxide; Oxygenated Gasoline Program; Minnesota

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Final rule.

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SUMMARY: The USEPA is approving a State Implementation Plan (SIP) 
revision submitted by the State of Minnesota. This revision requires an 
oxygenated gasoline program in the Minneapolis-St. Paul Metropolitan 
Statistical Area (MSA). Two areas were originally required to implement 
an oxygenated gasoline program because of past violations of the carbon 
monoxide standard, but on April 14, 1994, the Duluth area was 
redesignated to attainment of the National Ambient Air Quality 
Standards for carbon monoxide (CO). This SIP revision was submitted to 
satisfy the requirement for Minnesota of section 211(m) of the Clean 
Air Act as amended by the Clean Air Act Amendments of 1990 (the Act), 
which requires all CO nonattainment areas with a design value of 9.5 
parts per million (ppm) or above based on 1988 and 1989 air quality 
monitoring data to implement an oxygenated gasoline program. USEPA is 
approving the oxygenated gasoline program.

EFFECTIVE DATE: This final rule becomes effective on November 3, 1994.

ADDRESSES: Copies of the SIP revision, public comments, and other 
materials relating to this rulemaking are available for inspection at 
the following address: (It is recommended that you telephone Maggie 
Greene, at (312) 886-6088 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.
    A copy of this revision to the Minnesota Oxygenated Gasoline SIP is 
available at the following address: Office of Air and Radiation (OAR), 
Docket and Information Center, (Air Docket 6102), room M1500, U.S. 
Environmental Protection Agency, 401 M Street SW., Washington DC 20460, 
(202) 260-7548, and Program Development Section, Air Quality Division, 
Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, 
Minnesota 55155-3898.

FOR FURTHER INFORMATION CONTACT: Maggie Greene, Air Enforcement Branch 
(AE-17J), U.S Environmental Protection Agency, Region 5, Chicago, 
Illinois 60604, (312) 886-6088.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

    The Minneapolis-St. Paul area and St. Louis County (Duluth) in the 
State of Minnesota (the control area) were designated nonattainment for 
CO and classified as moderate with a design value of 11.4 and 9.9 parts 
per million respectively, based on 1988 and 1989 data. USEPA 
redesignated the Duluth area to attainment on April 14, 1994 (59 FR 
17706) in the Federal Register. Under section 211(m) of the Act, 
Minnesota was required to submit a revised SIP under section 110 and 
part D of the Act which includes an oxygenated gasoline program for 
Minneapolis-St. Paul and Duluth-Superior by November 15, 1992. On 
November 9, 1992, the Minnesota Pollution Control Agency (MPCA) 
submitted to USEPA a revised SIP including the oxygenated gasoline 
program containing legislation that was signed by the Governor on April 
29, 1992, and became effective on August 1, 1992. The USEPA issued a 
completeness letter to the State on January 20, 1993. The notice of 
proposed rulemaking was published in the January 20, 1994 (59 FR 3047) 
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. USEPA 
received three comments from the American Institute of Certified Public 
Accountants (CPAs), the Koch Refining Company, and the MPCA. The 
comments and USEPA's responses are addressed below.
    Comment: The American Institute of CPAs objected to the use of the 
word ``Account'' when the word should be ``Accountant'' which is used 
to denote a CPA. This appeared in the section entitled ``Registration 
Requirements.''
    Response: USEPA agrees that the sentence should have read, ``The 
USEPA guidelines also require that CARs commission an annual attest 
engagement, performed by either an internal auditor or independent 
Certified Public Accountant (CPA).''
    Comment: The Koch Refining Company supported the oxygenated 
gasoline program in Minnesota, but only within the control area and 
during the control period. On November 12, 1993, the MPCA submitted a 
contingency plan to require year-round oxygenated fuel beginning in 
1995. Koch opposed this contingency plan. While Koch understood that 
the USEPA's proposed rule did not address the contingency plan and 
addressed only the oxygenated gasoline program within the control area 
and during the control period, Koch opposed any use of oxygenated 
gasoline outside of the control period. Koch will submit additional 
comments on the contingency plan when that plan is proposed for Federal 
rulemaking.
    Response: USEPA will propose rulemaking on the contingency plan in 
another Federal Register notice. This final action only deals with the 
oxygenated gasoline program.
    Comment: The MPCA noted that the officially designated 
nonattainment area for CO does not include Superior, Wisconsin, or St. 
Louis County, but only the City of Duluth, Minnesota. At this time, the 
State does not plan to enforce the oxygenated gasoline program in 
Duluth, which has been meeting standards since 1989. Also, it does not 
plan to enforce in the remaining portion of St. Louis County, which is 
largely a wilderness area and has never had a modeled or monitored 
``CO'' problem.
    Response: This issue is moot. The State of Minnesota requested that 
USEPA redesignate Duluth to attainment for CO. Minnesota submitted a 
draft request to USEPA on October 2, 1992, and a final request before 
November 1, 1992. USEPA requested additional information several months 
later, and the State responded to this request by sending the 
information in early December 1993. The USEPA redesignated the Duluth 
area to attainment for CO on April 14, 1994 (59 FR 17706) in the 
Federal Register.
    Additional Information: During the public comment period, USEPA 
contacted the MPCA and requested that it withdraw from the Oxygenated 
SIP, the MPCA Board resolution of October 27, 1992, which was a part of 
the program plan. The resolution allowed the State to unilaterally take 
action to eliminate the oxygenated gasoline program upon submission by 
the State of a request for redesignation. This concept goes against 
USEPA redesignation procedures and cannot be approved as part of the 
State's plan. In a letter dated August 12, 1994, the State withdrew the 
October 27, 1992, MPCA Board Resolution from the requested SIP 
revision.

III. Rulemaking Action

    In this action, USEPA is approving in final the SIP revision 
submitted by the State of Minnesota. The State of Minnesota has 
submitted and implemented an oxygenated gasoline program for the 
existing CO nonattainment area substantially in accordance with the 
requirements of the Act. The USEPA is, therefore, approving this 
submittal.
    Nothing in this action should be construed as permitting, allowing 
or establishing 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 significant public comments 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 Administrator for Air and Radiation. A future 
document 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 has 
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 
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 (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 business, 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 (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 filed in the United States Court of Appeals for 
the appropriate circuit by December 5, 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 each rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements (see section 307 (b)(2)).

List of Subjects in 40 CFR Part 52

    Environmenal protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Reporting and recordkeeping requirements.

    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: September 8, 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--[Amended]

    2. Section 52.1220 is amended by adding paragraph (c)(34) to read 
as follows:


Sec. 52.1220  Identification of plan.

* * * * *
    (c) * * *
    (34) On November 9, 1992, the State of Minnesota submitted the 
Oxygenated Gasoline Program. This submittal satisfies the requirements 
of section 211(m) of the Clean Air Act, as amended.
    (i) Incorporation by reference.
    (A) Minnesota Laws Chapter 2509, sections 1 through 31, except for 
sections 29 (b) and (c), enacted by the Legislature and signed into Law 
on April 29, 1992.
    (ii) Additional material.
    (A) Letter dated August 12, 1994, from the Minnesota Pollution 
Control Agency (MPCA), to the United States Environmental Protection 
Agency that withdraws the MPCA Board resolution dated October 27, 1992, 
and any reference to it, from the oxygenated gasoline State 
Implementation Plan revision request of 1992.

[FR Doc. 94-24420 Filed 10-3-94; 8:45 am]
BILLING CODE 6560-50-P