[Federal Register Volume 64, Number 209 (Friday, October 29, 1999)]
[Rules and Regulations]
[Pages 58344-58347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28309]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MN42-01-7267; FRL-6465-3]


Approval and Promulgation of State Implementation Plans; 
Minnesota

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving an 
amendment to the carbon monoxide (CO) State Implementation Plan (SIP) 
for Minnesota. Minnesota submitted this amendment to the SIP to the EPA 
in five separate submittals, dated November 14, 1995, July 8, 1996, 
September 24, 1996, June 30, 1999, and September 1, 1999. EPA proposed 
this action on August 6, 1999 (64 FR 42888). No adverse comments were 
received on EPA's proposed approval.
    The submittals include revisions to the motor vehicle inspection 
and maintenance (I/M) program currently in operation in the 
Minneapolis/St. Paul CO nonattainment area. The revisions make changes 
to the State's I/M program, including model year coverage, vehicle 
waiver provisions, and other program deficiencies identified by the 
EPA. The revision also contains provisions for the discontinuation of 
the I/M program if EPA redesignates the area to attainment for CO.

DATES: This final rule is effective on November 29, 1999.

ADDRESSES: Copies of the revision requests are available for inspection 
at the following address: United States Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. (It is 
recommended that you telephone John Mooney at 312-886-6043 before 
visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: John Mooney, Regulation Development 
Section (AR-18J), Air Programs Branch, Air and Radiation Division, 
United States Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6043.

I. Supplementary Information

Overview

    The Minnesota Pollution Control Agency (MPCA) submitted its initial 
I/M submittals to EPA in November and December of 1993. As described in 
EPA's proposed approval action (64 FR 42888), the EPA conditionally 
approved Minnesota's initial submittal on October

[[Page 58345]]

13, 1994 (59 FR 51860). Subsequently, Minnesota submitted to the EPA 
five additional revisions to the State's I/M program. The changes 
proposed since 1993 reflect actions taken by the State Legislature 
pertaining to model year coverage, waiver provisions, and other program 
changes required by EPA's conditional approval.
    The information in this section is organized as follows:
    A. What SIP amendments is EPA approving?
    B. Who sent comments on EPA's proposed action?
    C. What happens if the Minneapolis/St. Paul area is redesignated to 
attainment for CO?

A. What SIP Amendments is EPA Approving?

    The following table outlines the revisions submitted by the State 
to EPA subsequent to the State's initial I/M submittal in 1993. The 
State's most recent submittal identifies those provisions of their 
earlier submittals that address EPA's conditional approval. In this 
submittal, the State also withdraws Part 7023.1010, Subp. 35(B), Part 
7023.1030, Subp. 11(B, C), and Part 7023.1055, Subp. 1(E)(2) of the 
Minnesota Rules. The State is withdrawing these provisions because they 
have been superceded by recent amendments to the State I/M program. EPA 
is approving the relevant portions of each of these submittals as 
requested by the State on June 30, 1999.

------------------------------------------------------------------------
        Date of submittal to EPA                  Items received
------------------------------------------------------------------------
November 14, 1995......................  Basic I/M performance standard
                                          modeling.
                                         I/M legislation with changes to
                                          model year coverage.
                                         Response to EPA's October 13,
                                          1994 conditional approval (59
                                          FR 51860).
July 8, 1996...........................  Notification of public hearing.
September 24, 1996.....................  Administrative materials for
                                          the November 14, 1995, and
                                          July 6, 1996 submittals,
                                          including proof of public
                                          hearing.
June 30, 1999..........................  Minnesota Statute Sections
                                          116.60 to 116.65 as amended by
                                          the 1999 Minnesota State
                                          Legislature.
                                         Letter from the Minnesota
                                          Attorney General detailing the
                                          prevalence of statute over
                                          rules.
                                         Letter from the Minnesota
                                          Pollution Control Agency
                                          (MPCA) requesting approval of
                                          I/M legislation, certain
                                          portions of Minnesota's I/M
                                          regulation, and performance
                                          standard modeling from earlier
                                          submittals. This letter also
                                          withdraws certain obsolete
                                          sections of the State's
                                          earlier submittals.
September 1, 1999......................  Notice of public hearing on
                                          June 30, 1999 submittal.
------------------------------------------------------------------------

    As requested by the State, the EPA is proposing to approve: 
Minnesota Statutes Sections 116.60 to 116.65; Minnesota Rules 
7023.1010-7023.1105 (except Part 7023.1010, Subp. 35(B), Part 
7023.1030, Subp. 11(B, C), and Part 7023.1055, Subp. 1(E)(2)); and 
technical materials showing that the program meets EPA's basic I/M 
performance standard, as well as the conditions of EPA's October 13, 
1994 conditional approval.

B. Who Sent Comments on EPA's Proposed Action?

    The MPCA submitted the only comments on EPA's proposal in a letter 
dated September 1, 1999. The MPCA's letter included the required notice 
of public hearing that completed the State's SIP submittal. The EPA 
deemed the State's submittal complete in a letter dated October 7, 
1999. As a result, the State's I/M submittal meets all approval 
criteria. There were no other comments on EPA's proposed approval of 
Minnesota's I/M SIP.

C. What Happens if the Minneapolis/St. Paul Area Is Redesignated to 
Attainment for CO?

    As noted in EPA's proposed approval of Minnesota's I/M SIP, the 
MPCA has performed computer photochemical modeling which shows that in 
the future the I/M program will not be necessary to attain or maintain 
the National Ambient Air Quality Standard (NAAQS) for CO. In its 
redesignation request, the State also included the I/M program as a 
contingency measure if the program is subsequently needed to correct a 
violation of the CO NAAQS. The EPA has reviewed the modeling submitted 
with the redesignation and has found that it meets EPA's technical 
modeling criteria. As a result, once the Minneapolis/St. Paul CO 
nonattainment area is redesignated to attainment, the State may 
discontinue operation of its
I/M program. If EPA does not approve the redesignation request for the 
area, I/M will remain as an applicable requirement and EPA will work 
with the State to ensure that all nonattainment control programs are 
implemented in accordance with the requirements of the Act.

II. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Orders on Federalism

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation.
    In addition, E.O. 12875 requires EPA to develop an effective 
process permitting elected officials and other representatives of 
state, local, and tribal governments ``to provide meaningful and timely 
input in the development of regulatory proposals containing significant 
unfunded mandates.'' Today's rule does not create a mandate on state, 
local or tribal governments. The rule does not impose any enforceable 
duties on these entities. Accordingly, the requirements of section 1(a) 
of E.O. 12875 do not apply to this rule.
    On August 4, 1999, President Clinton issued a new executive order 
on federalism, Executive Order 13132 (64 FR 43255 (August 10, 1999)) 
which will take effect on November 2, 1999. In the interim, the current 
Executive Order 12612, (52 FR 41685 (October 30, 1987)) on federalism 
still applies. This rule will not have a substantial direct effect on 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 12612. 
The rule affects only one State, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act.

[[Page 58346]]

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation.
    In addition, E.O. 13084 requires EPA to develop an effective 
process permitting elected and other representatives of Indian tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory policies on matters that significantly or uniquely affect 
their communities.'' Today's rule does not significantly or uniquely 
affect the communities of Indian tribal governments. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
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 enterprises, and small governmental 
jurisdictions.
    This final rule will not have a significant impact on a substantial 
number of small entities because SIP approvals under section 110 and 
subchapter I, part D of the Clean Air Act do not create any new 
requirements but simply approve requirements that the State is already 
imposing. Therefore, because the Federal SIP approval does not create 
any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under 
the Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

F. 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 
annual 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 annual costs of 
$100 million or more to either State, local, or tribal governments in 
the aggregate, or to the private sector. This Federal action approves 
pre-existing requirements under State or local law, and imposes no new 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 
804(2).

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. Petitions for Judicial Review

    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 December 28, 1999. 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 in 40 CFR Part 52

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

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


[[Page 58347]]


    Dated: October 21, 1999.
David A. Ullrich,
Acting Regional Administrator, Region 5.
    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 et seq.

Subpart Y--Minnesota

    2. Section 52.1220 is amended by adding paragraph (c)(51) to read 
as follows:


Sec. 52.1220  Identification of Plan.

* * * * *
    (c) * * *
    (51) On November 14, 1995, July 8, 1996, September 24, 1996, June 
30, 1999, and September 1, 1999, the State of Minnesota submitted 
revisions to its State Implementation Plan for carbon monoxide 
regarding the implementation of the motor vehicle inspection and 
maintenance program in the Minneapolis/St. Paul carbon monoxide 
nonattainment area. This plan approves Minnesota Statutes Sections 
116.60 to 116.65 and Minnesota Rules 7023.1010-7023.1105. This plan 
also removes Minnesota Rules Part 7023.1010, Subp. 35(B), Part 
7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1 (E)(2) from the 
SIP.
    (i) Incorporation by reference.
    (A) Minnesota Statutes Sections 116.60 to 116.65;
    (B) Minnesota Rules 7023.1010-7023.1105 (except Part 7023.1010, 
Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1 
(E)(2)).
* * * * *
    3. In Sec. 52.1222 the table is amended by revising the entry for 
motor vehicles to read as follows:


Sec. 52.1222  EPA-approved Minnesota State regulations.

* * * * *

                                    Table 52.1222.--EPA Approved Regulations:
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                                                                                                 Relevant para.s
      Rule description          Minnesota rule numbers       Contents of SIP     Effective date      in Sec.
                                                                                                   52.1220 \1\
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*                  *                  *                  *                  *                  *
                                                        *
Motor Vehicles..............  7023.1010-7023.1105         All rules except      November 29,     c51
                                                           Part 7023.1010,       1999.
                                                           Subp. 35(B), Part
                                                           7023.1030, Subp.
                                                           11(B,C), and Part
                                                           7023.1055, Subp. 1
                                                           (E)(2).
 
*                  *                  *                  *                  *                  *
                                                        *
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\1\ Recodifications affect essentially all rules but are shown only for substantially revised rules.
\2\ ``Existing'' sources are sources other than those subject to a new source performance standard.


[FR Doc. 99-28309 Filed 10-28-99; 8:45 am]
BILLING CODE 6560-50-P