Approval and Promulgation of Implementation Plan: Minnesota

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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