[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Rules and Regulations]
[Pages 55170-55172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28138]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52

[MN54-01-7279a; FRL-5913-3]


Approval and Promulgation of Implementation Plan: Minnesota

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The United States Environmental Protection Agency (EPA) 
approves Minnesota's 1993 periodic carbon monoxide (CO) emission 
inventory. The inventory was submitted by the State of Minnesota to 
satisfy a Federal requirement that those States containing CO 
nonattainment areas (NAA's) classified moderate and serious submit a 
revised emission inventory (i.e., from the 1990 base year inventory) at 
the end of each 3 year period thereafter, until the area is 
redesignated to attainment. It is an inventory of actual CO season 
emissions from all sources, in accordance with EPA guidance.
    The geographic area covered in the 1993 periodic CO emission 
inventory includes counties of the Twin Cities seven county 
metropolitan area (Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
Washington), and Wright County. The rationale for this approval is set 
forth in this final rule; additional information is available at the 
address indicated below in the supporting Technical Support Document 
(TSD). Elsewhere in this Federal Register, EPA is proposing approval 
and soliciting comment on this action; if adverse comments are 
received, EPA will withdraw the direct final rulemaking and address the 
comments received in a new final rule; otherwise no further rulemaking 
will occur on this action.

DATES: This final rule will be effective Decmeber 22, 1997 unless 
substantive adverse comments not previously addressed by the State or 
USEPA are received by Novmeber 24, 1997. If the effective date is 
delayed, timely notice will be published in the Federal Register.

ADDRESSES: Written comments may be mailed to Carlton T. Nash, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), United 
States Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604. Copies of the material submitted 
by the Minnesota Pollution Control Agency may be examined during normal 
business hours at the same location.

FOR FURTHER INFORMATION CONTACT: Charles Hatten at (312) 886-6031.

SUPPLEMENTARY INFORMATION:

Background

    Under the Clean Air Act as amended (including the 1990 
Amendments)(the Act), States have the responsibility to inventory 
emissions contributing to the National Ambient Air Quality Standards 
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 Act required States with moderate and 
serious CO nonattainment areas to initially submit a base year CO 
inventory that represented actual emissions during the peak CO season 
by November 15, 1992. This base year inventory was for calendar year 
1990. Moderate and serious CO nonattainment areas were also required to 
submit a revised emissions inventory periodically. The submittal of the 
first periodic emissions inventory is required no later than September 
30, 1995, and every 3 years thereafter until the area is redesignated 
to attainment. The 1990 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 Clean Air Act (the Act). Under 
section 187(a)(5) of the Act, for those States containing areas 
designated nonattainment for CO, and classified moderate or serious, a 
revised emission inventory (i.e., from the 1990 base year inventory) 
must be submitted at the end of each 3 year period thereafter, until 
the area is redesignated to attainment. The State's submittal must 
include a comprehensive, accurate, and current inventory of actual CO 
season emissions from all sources. Stationary point, area, and on-road 
and off-road mobile sources are to be included in the inventory. This 
first periodic inventory is for calendar year 1993. The periodic 
inventory is to address actual CO emissions for the area during the 
peak CO season. The peak CO season should reflect the months when peaks 
CO air quality concentrations occur. For many, but not all areas of the 
country, the peak CO season will be in the winter-time months. For 
areas where winter is the peak CO season, the 1993 periodic inventory 
will include the winter months that begin in 1992 and extend into 1993 
(e.g., December 1992 through January-February 1993). 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)(C) of the Act (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 section 179(a)(1) and 110(c)(1), a 
finding by EPA that a submittal is incomplete is one of the actions 
that initiates the sanctions and Federal Implementation Plan.

Review of State 1993 CO Periodic Emission Inventory (PEI)

I. Procedural Background

    The approach to developing the 1993 PEI should be to require a 
rigorous

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inventory, similar to that for the 1990 base year emission inventory, 
that would be suitable for regulatory purposes; i.e., milestone 
compliance demonstration or maintenance plan tracking. However, if EPA 
determines that the 1993 PEI will not be used to support a regulatory 
purpose, a less rigorous approach may be appropriate.1 After 
a preliminary review of the May 25, 1995, draft submittal of the 1993 
PEI, EPA notified the State of Minnesota Pollution Control Agency 
(MPCA) in a letter with its determination that the inventory was being 
prepared in accordance with EPA guidance, and recommended that the MPCA 
complete the quality assurance checks on the draft inventory. EPA also 
recognized at this time a less rigorous approach to developing the 1993 
CO PEI would satisfy the requirements of section 187(a)(5) of the Act, 
since it would not have any impact for regulatory purposes.
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    \1\ Reference the September 30, 1994, memorandum from David 
Mobley, ``1993 Periodic Emission Inventory Guidance,'' it presented 
suggestions on the guidance preparation of the 1993 periodic 
emission inventory and reporting requirements.
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    The final 1993 CO PEI was submitted on September 28, 1995, from the 
MPCA to EPA. The EPA reviewed the inventory and is satisfied that all 
Agency guidance requirements have been met.
    The 1993 CO PEI inventory contained summary tables for stationary 
point and area sources, and mobile source (both on-road and nonroad) CO 
emissions in tons per year and pounds per winter day. A detailed 
breakdown of these source categories, for the Twin Cities seven county 
metropolitan area (Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
Washington), by county, and Wright County is given in summary tables 
1.4.1, 1.4.2, 1.4.3, and 1.4.4. Summary tables 1.4.5, 1.4.6, 1.4.7, and 
1.4.8 for the 1993 PEI provide CO emissions in the Twin Cities seven 
county metropolitan area, by county and Wright County; seven and eight 
county totals as a percent of total CO emissions in tons per year and 
pounds per winter day, by major source category.
    The plan submittal also included a comparison of the 1993 PEI and 
the 1990 base year inventory for stationary point and area sources, and 
mobile source (both on-road and nonroad) CO emissions in tons per year 
and pounds per winter day. A detailed breakdown of these source 
categories, for the Twin Cities seven county metropolitan area (Anoka, 
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington), by county, 
and Wright County is given in summary tables 1.4.9, 1.4.10, 1.4.11, and 
1.4.12. Summary tables 1.4.13, 1.4.14, 1.4.15, and 1.4.16 provide a 
comparison of the 1993 PEI and the 1990 base year inventory CO in the 
Twin Cities seven county metropolitan area, by county and Wright 
county; seven and eight county totals emissions as a percent of total 
CO emissions in tons per year and pounds per winter day, by major 
source category are also provided.
    The CO nonattainment boundaries for these areas are described in 56 
FR 56694 (November 6, 1991), and classified as moderate. The geographic 
area covered is classified as a moderate CO nonattainment area because 
the area has a design value of 11.40 parts per million.

II. Final Rulemaking Action

    EPA is approving the Minnesota's 1993 CO periodic emission 
inventory as meeting the requirements of section 187(a)(5) of the Act 
as a revision to the CO state implementation plan for all areas 
designated as nonattainment, classified moderate and serious. These 
areas included the counties of the Twin Cities seven county 
metropolitan area (Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
Washington), and Wright County.
    Because EPA considers this action noncontroversial and routine, we 
are approving it without prior proposal. However, in a separate 
document in this Federal Register publication, EPA is proposing to 
approve this part 52 action should adverse or critical comments be 
filed. This action will be effective December 22, 1997 unless, by 
November 24, 1997 adverse or critical comments are received.
    If EPA receives such comments, this action will be withdrawn before 
the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on 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 on December 22, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.

III. Administrative Requirements

A. Executive Order (E.O.) 12866
    This action has been classified as a Table 3 action for signature 
by the Regional Administrators 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 (OMB) has 
exempted this regulatory action from E.O. 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.
    Extension of an area's attainment date under the Act does not 
impose any new requirements on small entities. Extension of an 
attainment date is an action that affects a geographical area and does 
not impose any regulatory requirements on sources. EPA certifies that 
the approval of the attainment date extension will not affect a 
substantial number of small entities.
C. Unfunded Mandates
    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(Unfunded Mandates Act), signed into law on March 22, 1995, EPA must 
prepare a budgetary impact statement to accompany 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 private 
sector, of $100 million or more. Under section 205, EPA must select the 
most cost-effective and least burdensome alternative that achieves the 
objectives of the rule and is consistent with statutory requirements. 
Section 203 requires EPA to establish a plan for informing and advising 
any small governments that may be significantly or uniquely impacted by 
the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more

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to either State, local, or tribal governments in the aggregate, or to 
the private sector. This Federal action imposes no new requirements. 
Accordingly, no additional costs to State, local, or tribal 
governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
    Under section 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 Comptroller General of the 
General Accounting Office prior to publication of the rule in this 
Federal Register. This rule is not a ``major rule'' as defined by 
section 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 December 22, 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Reporting and record-keeping requirements.

    Dated: October 9, 1997.
David A. Ullrich,
Acting Regional Administrator.

    Parts 52 of chapter I, title 40 of the Code of Federal Regulations 
are 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 amended by adding paragraph (b) to read as 
follows:


Sec. 52.1237  Control strategy: Carbon monoxide.

* * * * *
    (b) Approval--The 1993 carbon monoxide periodic emission inventory 
requirement of section 187(a)(5) of the Clean Air Act, as amended in 
1990, has been satisfied for the following areas: the counties of the 
Twin cities seven county Metropolitan area (Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, and Washington), and Wright.

[FR Doc. 97-28138 Filed 10-22-97; 8:45 am]
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