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Approval and Promulgation of Implementation Plans; Carbon Monoxide; Oxygenated Gasoline Program; Minnesota Publication: Federal Register Agency: Environmental Protection Agency Byline: Valdas V. Adamkus Date: 4 October 1994 Subject: American Government  • The Environment • Petroleum
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[Federal Register Volume 59, Number 191 (Tuesday, October 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24420]
[[Page Unknown]]
[Federal Register: October 4, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MN17-3-6325; [FRL-5077-2]
Approval and Promulgation of Implementation Plans; Carbon
Monoxide; Oxygenated Gasoline Program; Minnesota
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Final rule.
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SUMMARY: The USEPA is approving a State Implementation Plan (SIP)
revision submitted by the State of Minnesota. This revision requires an
oxygenated gasoline program in the Minneapolis-St. Paul Metropolitan
Statistical Area (MSA). Two areas were originally required to implement
an oxygenated gasoline program because of past violations of the carbon
monoxide standard, but on April 14, 1994, the Duluth area was
redesignated to attainment of the National Ambient Air Quality
Standards for carbon monoxide (CO). This SIP revision was submitted to
satisfy the requirement for Minnesota of section 211(m) of the Clean
Air Act as amended by the Clean Air Act Amendments of 1990 (the Act),
which requires all CO nonattainment areas with a design value of 9.5
parts per million (ppm) or above based on 1988 and 1989 air quality
monitoring data to implement an oxygenated gasoline program. USEPA is
approving the oxygenated gasoline program.
EFFECTIVE DATE: This final rule becomes effective on November 3, 1994.
ADDRESSES: Copies of the SIP revision, public comments, and other
materials relating to this rulemaking are available for inspection at
the following address: (It is recommended that you telephone Maggie
Greene, at (312) 886-6088 before visiting the Region 5 Office.) United
States Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard (AE-17J), Chicago, Illinois 60604.
A copy of this revision to the Minnesota Oxygenated Gasoline SIP is
available at the following address: Office of Air and Radiation (OAR),
Docket and Information Center, (Air Docket 6102), room M1500, U.S.
Environmental Protection Agency, 401 M Street SW., Washington DC 20460,
(202) 260-7548, and Program Development Section, Air Quality Division,
Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul,
Minnesota 55155-3898.
FOR FURTHER INFORMATION CONTACT: Maggie Greene, Air Enforcement Branch
(AE-17J), U.S Environmental Protection Agency, Region 5, Chicago,
Illinois 60604, (312) 886-6088.
SUPPLEMENTARY INFORMATION:
I. Summary of State Submittal
The Minneapolis-St. Paul area and St. Louis County (Duluth) in the
State of Minnesota (the control area) were designated nonattainment for
CO and classified as moderate with a design value of 11.4 and 9.9 parts
per million respectively, based on 1988 and 1989 data. USEPA
redesignated the Duluth area to attainment on April 14, 1994 (59 FR
17706) in the Federal Register. Under section 211(m) of the Act,
Minnesota was required to submit a revised SIP under section 110 and
part D of the Act which includes an oxygenated gasoline program for
Minneapolis-St. Paul and Duluth-Superior by November 15, 1992. On
November 9, 1992, the Minnesota Pollution Control Agency (MPCA)
submitted to USEPA a revised SIP including the oxygenated gasoline
program containing legislation that was signed by the Governor on April
29, 1992, and became effective on August 1, 1992. The USEPA issued a
completeness letter to the State on January 20, 1993. The notice of
proposed rulemaking was published in the January 20, 1994 (59 FR 3047)
Federal Register.
II. Public Comment/USEPA Response
A thirty-day public comment period was provided to allow interested
parties the opportunity to comment on USEPA's proposed action. USEPA
received three comments from the American Institute of Certified Public
Accountants (CPAs), the Koch Refining Company, and the MPCA. The
comments and USEPA's responses are addressed below.
Comment: The American Institute of CPAs objected to the use of the
word ``Account'' when the word should be ``Accountant'' which is used
to denote a CPA. This appeared in the section entitled ``Registration
Requirements.''
Response: USEPA agrees that the sentence should have read, ``The
USEPA guidelines also require that CARs commission an annual attest
engagement, performed by either an internal auditor or independent
Certified Public Accountant (CPA).''
Comment: The Koch Refining Company supported the oxygenated
gasoline program in Minnesota, but only within the control area and
during the control period. On November 12, 1993, the MPCA submitted a
contingency plan to require year-round oxygenated fuel beginning in
1995. Koch opposed this contingency plan. While Koch understood that
the USEPA's proposed rule did not address the contingency plan and
addressed only the oxygenated gasoline program within the control area
and during the control period, Koch opposed any use of oxygenated
gasoline outside of the control period. Koch will submit additional
comments on the contingency plan when that plan is proposed for Federal
rulemaking.
Response: USEPA will propose rulemaking on the contingency plan in
another Federal Register notice. This final action only deals with the
oxygenated gasoline program.
Comment: The MPCA noted that the officially designated
nonattainment area for CO does not include Superior, Wisconsin, or St.
Louis County, but only the City of Duluth, Minnesota. At this time, the
State does not plan to enforce the oxygenated gasoline program in
Duluth, which has been meeting standards since 1989. Also, it does not
plan to enforce in the remaining portion of St. Louis County, which is
largely a wilderness area and has never had a modeled or monitored
``CO'' problem.
Response: This issue is moot. The State of Minnesota requested that
USEPA redesignate Duluth to attainment for CO. Minnesota submitted a
draft request to USEPA on October 2, 1992, and a final request before
November 1, 1992. USEPA requested additional information several months
later, and the State responded to this request by sending the
information in early December 1993. The USEPA redesignated the Duluth
area to attainment for CO on April 14, 1994 (59 FR 17706) in the
Federal Register.
Additional Information: During the public comment period, USEPA
contacted the MPCA and requested that it withdraw from the Oxygenated
SIP, the MPCA Board resolution of October 27, 1992, which was a part of
the program plan. The resolution allowed the State to unilaterally take
action to eliminate the oxygenated gasoline program upon submission by
the State of a request for redesignation. This concept goes against
USEPA redesignation procedures and cannot be approved as part of the
State's plan. In a letter dated August 12, 1994, the State withdrew the
October 27, 1992, MPCA Board Resolution from the requested SIP
revision.
III. Rulemaking Action
In this action, USEPA is approving in final the SIP revision
submitted by the State of Minnesota. The State of Minnesota has
submitted and implemented an oxygenated gasoline program for the
existing CO nonattainment area substantially in accordance with the
requirements of the Act. The USEPA is, therefore, approving this
submittal.
Nothing in this action should be construed as permitting, allowing
or establishing 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.
USEPA received no significant public comments on the proposed
action. As a direct result, the Regional Administrator reclassified
this action from Table 2 to a Table 3 action under the 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, Acting Assistant Administrator for Air and Radiation. 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 2222) from the requirements of section 3
of Executive Order 12291 for 2 years. The USEPA submitted a request for
a permanent waiver for Table 2 and Table 3 SIP revisions. The OMB has
agreed to continue the temporary 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. OMB
exempted this regulatory action from Executive Order 12866 review.
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 (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 business, 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 (S. Ct. 1976);
42 U.S.C. 7410(a)(2).
Under section 307 (b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 5, 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 each 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
Environmenal protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Reporting and recordkeeping requirements.
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: September 8, 1994.
Valdas V. Adamkus,
Regional Administrator.
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. 7401-7671q.
Subpart Y--[Amended]
2. Section 52.1220 is amended by adding paragraph (c)(34) to read
as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(c) * * *
(34) On November 9, 1992, the State of Minnesota submitted the
Oxygenated Gasoline Program. This submittal satisfies the requirements
of section 211(m) of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Minnesota Laws Chapter 2509, sections 1 through 31, except for
sections 29 (b) and (c), enacted by the Legislature and signed into Law
on April 29, 1992.
(ii) Additional material.
(A) Letter dated August 12, 1994, from the Minnesota Pollution
Control Agency (MPCA), to the United States Environmental Protection
Agency that withdraws the MPCA Board resolution dated October 27, 1992,
and any reference to it, from the oxygenated gasoline State
Implementation Plan revision request of 1992.
[FR Doc. 94-24420 Filed 10-3-94; 8:45 am]
BILLING CODE 6560-50-P