Approval and Promulgation of Implementation Plans; Minnesota

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MN48-01-7268a; FRL-5699-1]

Approval and Promulgation of Implementation Plans; Minnesota

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: This action approves a State Implementation Plan (SIP)

revision for the State of Minnesota which was submitted pursuant to the

Environmental Protection Agency (EPA) general conformity rules set

forth at 40 CFR part 51, subpart W--Determining Conformity of General

Federal Actions to State or Federal Implementation Plans. Section

51.851(a) of the general conformity rules requires each State to submit

to EPA a revision to its applicable SIP which contains criteria and

procedures for assessing conformity of Federal actions to applicable

SIPs. The general conformity rules, except for the 40 CFR 51.851(a)

language requiring State submission of a SIP revision, are repeated at

40 CFR part 93, subpart B. Minnesota's SIP revision incorporates

verbatim the criteria and procedures set forth at 40 CFR part 51,

subpart W. This general conformity SIP revision will enable the State

of Minnesota to implement and enforce the Federal general conformity

requirements in the nonattainment and maintenance areas at the State

and local level conformity SIP revision submitted pursuant to 40 CFR

part 51, subpart W. SIP revisions submitted under 40 CFR part 51,

subpart T, relating to conformity of Federal transportation actions

funded or approved under Title 23 U.S.C. or the Federal Transit Act,

will be addressed in a separate notice. This action provides the

rationale for the proposed approval and other information.

DATES: This ``direct final'' rule will be effective June 23, 1997

unless EPA receives adverse or critical comments by May 23, 1997. If

the effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the SIP revision, public comments and EPA's

responses are available for inspection at the following address: United

States Environmental Protection Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (It is

recommended that you telephone Michael Leslie at (312) 353-6680 before

visiting the Region 5 Office.)

A copy of this SIP revision is available for inspection at the

following location: Office of Air and Radiation (OAR) Docket and

Information Center (Air Docket 6102), room M1500, United States

Environmental Protection Agency, 401 M Street S.W., Washington, D.C.

20460, (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Michael G. Leslie, 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, Telephone Number (312)

353-6680.

SUPPLEMENTARY INFORMATION:

I. Background

Section 176(c) of the Clean Air Act (Act), 42 U.S.C. 7506(c),

provides that no Federal department, agency, or instrumentality shall

engage in, support in any way or provide financial assistance for,

license or permit, or approve any activity which does not conform to a

SIP that has been approved or promulgated pursuant to the Act.

Conformity is defined in section 176(c) of the Act as conformity to the

SIP's purpose of eliminating or reducing the severity and number of

violations of the National Ambient Air Quality Standards (NAAQS) and

achieving expeditious attainment of such standards, and that such

activities will not: (1) cause or contribute to any new violation of

any standard in any area, (2) increase the frequency or severity of any

existing violation of any standard in any area, or (3) delay timely

attainment of any standard or any required interim emission reductions

or other milestones in any area.

Section 176(c)(4)(A) of the Act requires EPA to promulgate criteria

and procedures for determining conformity of all Federal actions to

applicable SIPs. Criteria and procedures for determining conformity of

Federal actions related to transportation projects funded or approved

under Title 23 U.S.C. or the Federal Transit Act are set forth at 40

CFR part 51, subpart T. The criteria and procedures for determining

conformity of other Federal actions, the ``general conformity'' rules,

were published in the November 30, 1993, Federal Register and codified

at 40 CFR part 51, subpart W--Determining Conformity of General Federal

Actions to State or Federal Implementation Plans.

II. Evaluation of the State's Submittal

Pursuant to the requirements under section 176(c)(4)(C) of the Act

the Minnesota Pollution Control Agency (MPCA) submitted its general

conformity SIP revision to the EPA on December 15, 1995. In its

submittal, the State provided Minnesota rules Part 7009.9000 which

incorporated the Federal general conformity by reference (40 CFR part

51, subpart W). For the time period between the original submittal and

the supplemental submittal, the State of Minnesota was required to

comply with 40 CFR part 93, subpart B.

General conformity is required for all areas which are designated

nonattainment or maintenance for any NAAQS criteria pollutant. The

State of Minnesota currently has eight counties designated moderate

carbon monoxide

[[Page 19675]]

nonattainment: Anoka, Carver--Partial County (PC), Dakota (PC),

Hennepin, Ramsey, Scott (PC), Washington (PC), Wright (PC). Four

counties are CO maintenance areas: St. Louis (PC) (city of Duluth),

Benton, Sherburne, and Stearns. Two particulate matter areas are

currently subject to the general conformity rule: Ramsey County

nonattainment area, and Olmsted County maintenance area. Three counties

are designated Sulfur Dioxide nonattainment: Dakota (PC), Olmsted (city

of Rochester), and Washington (PC).

The MPCA gave public notice and opportunity comment on the general

conformity submittal on May 8, 1995. The public comment period closed

on June 7, 1995, and no comments were received on this rule.

III. EPA Criteria on Submittal

The State's SIP revision must contain criteria and procedures that

are no less stringent than the Federal rule. The revision incorporated

the provisions of the Federal general conformity rule, Subpart W:

Secs. 51.850, 51.852, 51.853, 51.854, 51.855, 51.856, 51.857, 51.858,

51.859, and 51.860. These sections represent the Federal rule in total,

therefore the Minnesota rules Part 7009.9000.

IV. EPA Action

The EPA is approving the general conformity SIP revision for the

State of Minnesota. The EPA has evaluated this SIP revision and has

determined that the State has fully adopted the provisions of the

Federal general conformity rules set forth at 40 CFR part 51, subpart

W. The appropriate public participation and comprehensive interagency

consultations have been undertaken during development and adoption of

this SIP revision. Because EPA considers this action to be

noncontroversial and routine, EPA is approving it without prior

proposal. This action will become effective on June 23, 1997. However,

if EPA receives adverse comments by May 23, 1997, EPA will publish a

document that withdraws this action.

V. Miscellaneous

A. Executive Order 12866

This action has been classified as a Table 3 action for signature

by the Regional Administrator 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 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.

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 impose any new requirements, the

Administrator certifies 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 Act, preparation of a 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).

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

the 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 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.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 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 the

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. 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 June 23, 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. 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, General

conformity, Hydrocarbons, Incorporation by reference, Intergovernmental

relations, Ozone, Sulfur dioxide, Volatile organic compounds.

Dated: February 12, 1997.

David A. Ullich,

Acting Regional Administrator.

40 CFR part 52, 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 paragraph (c)(45) to read

as follows:

Sec. 52.1220 Identification of plan.

* * * * *

(c) * * *

(45) On December 15, 1995, the Minnesota Pollution Control Agency

submitted a revision to the State

[[Page 19676]]

Implementation Plan for the general conformity rules. The general

conformity SIP revisions enable the State of Minnesota to implement and

enforce the Federal general conformity requirements in the

nonattainment or maintenance areas at the State or local level in

accordance with 40 CFR part 93, subpart B--Determining Conformity of

General Federal Actions to State or Federal Implementation Plans.

(i) Incorporation by reference.

(A) Minnesota rules Part 7009.9000, as created and published in the

(Minnesota) Register, November 13, 1995, number 477, effective November

20, 1995.

[FR Doc. 97-10507 Filed 4-22-97; 8:45 am]

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