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

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

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Mobile Point

Emissions rate source source Area source Total

emissions emissions emissions emissions

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Pounds/winter day in

1990............... 128,342 4,270 85,614 218,226

Tons/year in 1990... 23,495 388 9,219 33,103

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Table 2.--Projected Carbon Monoxide Emissions (Kg/8-Hour Period During

the Winter) for the Years 1990, 1995 and 2005

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Intersection 1990 1995 2005

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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

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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

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Designation Classification

Designated area -----------------------------------------------------

Date1 Type Date1 Type

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* * * * * * *

Duluth area

St. Louis County [Insert date: 60 Attainment.......

(part) City of days from

Duluth. publication].

* * * * * * *

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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) * * *

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Inert ingredients Limits Uses

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Trimethylolpropane (CAS Not to exceed 15% Component in water-

Reg. No. 77-99-6). by weight of the soluble film.

film.

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[FR Doc. 94-9022 Filed 4-13-94; 8:45 am]

BILLING CODE 6560-50-F