Approval and Promulgation of State Implementation Plans; Minnesota

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.

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Date of submittal to EPA Items received

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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.

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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.

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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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*

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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]

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