# Approval and Promulgation of Implementation Plans; Minnesota > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-8815 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** April 14, 1994 ## Text ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [MN22-2-6114; FRL-4859-1] Approval and Promulgation of Implementation Plans; Minnesota AGENCY: United States Environmental Protection Agency (USEPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: USEPA is approving the removal of a transportation control measure (TCM) as a revision to Minnesota's State Implementation Plan (SIP) for carbon monoxide (CO). USEPA's action is based upon a revision request which was submitted by the State. EFFECTIVE DATE: This final rule becomes effective on May 16, 1994. ADDRESSES: Copies of the requested SIP revision, 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 SIP revision 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: The CO SIP for the Duluth area was approved at 45 FR 40579 (June 18, 1980). 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 of 1990 were enacted. Public Law 101-549, 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. On October 30, 1992, the State of Minnesota requested the removal of a TCM from the CO State Implementation Plan for Duluth. This TCM is an improved truck turning radius. On September 24, 1993, USEPA proposed to approve the requested SIP revision, see 58 FR 49952. The State also requested on that date that a maintenance plan for the area be approved and that the area be redesignated to attainment of the CO NAAQS. Action on the maintenance plan and redesignation request is in a separate notice. The State Implementation Plan Revision The State submitted rollback modeling that shows that the revision would not interfere with attainment of the CO NAAQS. USEPA believes that the State has shown through rollback modeling of concentrations, air quality trends, and information on the effect of the construction of I-35 on the amount of truck traffic that would be rerouted, that I-35 provides an equivalent or greater reduction in emissions than the improved truck turning radius TCM. All of the transportation control measures with the exception of the improved truck turning radius have been implemented. This turning radius would have made it easier for trucks to turn at 14th Avenue and 3rd Street east (Trunk Highway 61). The City of Duluth discovered that enlarging the turning radius would require significant rerouting of utilities, which probably was not legally feasible, since utility companies have equal eminent domain authority. In some cases, trucks were using East 1st Street, which was not a designated truck route, to avoid the turn on 14th Avenue East and 3rd Street East. The City erected a sign on 1st Street directing through truck traffic to 3rd Street East so that trucks would not hamper movements on both 1st and 3rd Streets East. Currently, a truck heading northeast from the southwestern part of Duluth would by pass Duluth's downtown on I-35 unless it had a delivery downtown. Construction on I-35 was completed on October 28, 1992. All through truck traffic will now use I-35, eliminating permanently any need to widen the turning radius at the intersection of 14th Avenue East and 3rd Street.1 Truck traffic will be able to access I-35 at Lake Avenue, 21st Avenue East, and 26th Avenue East. I-35 was designed to allow traffic out of the downtown area and a sign informs truckdrivers to use an alternate route to lead them out of the downtown area. --------------------------------------------------------------------------- \1\Although I-35 is not a measure in the SIP, it is a completed measure that provides permanent emission reductions. Therefore, USEPA believes the measure may be used to fulfill the terms of section 193. --------------------------------------------------------------------------- The State submits that I-35 provides reductions of traffic and CO by the rerouting of traffic. The Minnesota Department of Transportation (Mn/DOT) forecasts that 28 percent of overall downtown traffic is now carried on I-35, and more than 28 percent of overall downtown truck traffic is now carried on I-35. Mn/DOT forecasts that 42 percent of all downtown traffic and about 42 percent of all downtown truck traffic will use I-35 instead of downtown streets. The only trucks that will use Superior Street are the ones which are making local deliveries. Truck routes which divert truck traffic off Superior Street will be maintained for trucks making deliveries elsewhere in Duluth and for trucks carrying hazardous materials. All other trucks will use I-35. The State has also shown that the completed I-35 will more than offset the reductions that would be obtained with a truck turning radius. The truck turning radius would only have lessened the amount of emissions from trucks and vehicles caught in traffic due to turning trucks. I-35 eliminated a substantial amount of emissions in the area around 14th Avenue East and 3rd Street, simply because trucks are taking I-35 instead. The State will track the SIP's progress in maintaining the standard by reviewing data from the local metropolitan planning organization. Public Comment/USEPA Response No adverse comments were received on the September 24, 1993, notice of proposed rulemaking. Rulemaking Action USEPA approves the removal of the Improved Truck Turning Radius TCM from the SIP. The effect of I-35 as a permanent improvement has more than adequately replaced the Truck Turning Radius TCM. Nothing in this action should be construed as permitting or allowing or establishing a precedent for any future request for revision to any SIP. Each request for revision to the SIP shall be considered separately 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 49952) to approve Minnesota's requested SIP revision. This action has been reclassified from a Table 1 to a Table 3 action by the Regional Administrator under the procedures published in the Federal Register on January 19, 1989 (54 FR 2214-2225). A revision to the SIP processing review tables was approved by the Acting Assistant Administrator for Office of Air and Radiation on October 4, 1993. 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 222) from the requirements of section 3 of Executive Order 12291 for 2 years. The 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 continued in effect under Executive Order 12886 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). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filled 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 in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations. 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 I, title 40 of the Code of Federal Regulationsis 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) (32) to read as follows: Sec. 52.1220 Identification of plan. * * * * * (c) * * * (32) In a letter dated October 30, 1992, the MPCA submitted a revision to the Carbon Monoxide State Implementation Plan for Duluth, Minnesota. This revision removes a transportation control measure (TCM) from the State Implementation Plan. The TCM is an increased turning radius at 14th Avenue and 3rd Street East. (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 enclosure entitled Appendix D. (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. [FR Doc. 94-8815 Filed 4-13-94; 8:45 am] BILLING CODE 6560-50-F --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-8815. Public record. Not legal advice.